Paediatricians as Expert Witnesses in UK Courts

Expert Witness Gateway Information for Solicitors

At the Expert Witness Gateway, we connect solicitors with highly qualified paediatricians who act as expert witnesses in legal proceedings across the Family Court, Criminal Court, Coroners Court and Civil Court. Paediatric experts provide impartial, specialised knowledge to assist the court’s understanding of complex child health issues, always adhering to their overriding duty to the court.

Family Court

Paediatricians are frequently instructed in public law care proceedings and in private law cases in the Family Court. Common presentations include non-accidental injuries, failure to thrive, symptoms that are not explained and concerns regarding safeguing. Under Family Procedure Rules (FPR) Part 25, expert evidence, including paediatric reports, may only be introduced with court permission where it is deemed necessary to resolve the proceedings justly. Paediatricians review medical records, conduct examinations of children and give expert witness statements regarding the cause, timing and prognosis of the injuries. The information in their evidence is crucial to help inform decisions made about the child's health and welfare – the Children Act 1989's paramount concern. Reporting must meet the requirements of Practice Direction 25B, which states that it must be clear, impartial and meet professional standards.

Criminal Court

In the Criminal Court, paediatricians are instructed in cases of physical abuse, serious injury, infanticide, sexual offences, or neglect. They provide expert evidence on the nature, timing and causation of injuries, and help explain complex medical issues to the jury. Under the Criminal Procedure Rules (CrimPR) Part 19, experts must provide reports that clearly set out their qualifications, the materials relied upon, and their independent opinion. The rules focus on the need for reliability and transparency and the overriding obligation to the court and not to the instructing party. The evidence of paediatricians can be key to establishing (or disproving) criminal liability and can be subjected to a rigorous cross-examination. 

Coroners Court

Paediatricians support coroners in investigating paediatric deaths, especially sudden, mysterious and/or concerned about safety. They offer their views on cause of death, assessment of the significance of injury and whether care provided was adequate, assisting the coroner to arrive at a fact-based finding rather than making a finding of blame. Proceedings are conducted under the Coroners and Justice Act 2009 and Coroners (Inquests) Rules 2013 and expert witnesses are sworn in or affirm to give evidence. Paediatricians must remain independent, neutral, and strictly within the inquest’s fact-finding remit, contributing to conclusions that may lead to Prevention of Future Deaths reports.

Civil Court

In civil claims involving children — particularly clinical negligence and personal injury cases — paediatricians assess whether a defendant’s actions fell below acceptable standards and whether harm was caused. They also assist in valuing damages through prognosis and care needs assessments.  Civil Procedure Rules (CPR) Part 35 provides very tight controls on expert evidence in civil cases, reports must be given with the court's permission and must be declared as independent. Paediatricians need to be neutral, balanced, and bring an impartial viewpoint into dispute resolutions to help ensure that matters are fairly and efficiently decided, sometimes as a joint expert or as a joint statement when the experts disagree. 

Summary

In every jurisdiction, paediatricians trained in the Expert Witness Gateway are dedicated to delivering high quality, unbiased and court-compliant expert testimony. Our experts are familiar with their responsibilities in accordance with the applicable procedural requirements and are professionally, at the highest level, assisting the court in circumstances where the health and welfare of children is the paramount consideration.