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Instructing a psychiatric expert is a structured process governed by strict court rules, whether your case proceeds in the civil, family or criminal courts. The court expects precise compliance: a properly identified expert, clear instructions on the precise issues to be addressed, and early permission before any expert evidence can be used in proceedings.
Selecting the right psychiatric specialty
Psychiatry is not monolithic. The court requires experts with the right subspecialty for the issues at hand.
Main specialties include: general adult psychiatry (mood, anxiety, psychosis for adults aged 18–65, common in personal injury PTSD cases); forensic psychiatry (criminal culpability and risk); perinatal psychiatry (pregnancy, postpartum, infanticide cases); child and adolescent psychiatry (minors or parental mental health affecting children); old age psychiatry (dementia, capacity assessment); liaison psychiatry (physical and psychiatric co-morbidity).
Identify the key issues first, then select an expert with appropriate training in that field.
Checking GMC registration and the Specialist Register
Every psychiatrist instructed as an expert must be registered with the General Medical Council (GMC). You can verify this using the online GMC register at www.gmc-uk.org . Search by name to confirm:
- The doctor is on the Medical Register (not suspended or under fitness-to-practise investigation).
- The doctor is on the Specialist Register in psychiatry (not just the general register).
- The registration shows the subspecialty (general psychiatry, forensic, perinatal, etc.).
An expert not on the Specialist Register may lack the formally recognised training the court expects. This is not an absolute bar—the court can permit evidence from an unregistered expert if no specialist is available—but it weakens the expert’s standing. If the expert is under investigation by the GMC, the court must be told (either party may raise this in cross-examination).
The letter of instruction
The letter of instruction is the formal request that sets out exactly what the expert is asked to address. Courts require it to be specific, not general. A vague letter (“please assess the claimant’s mental health”) will cause the court to reject the expert’s evidence.
The letter must include:
The parties and case reference: “Re Smith v Jones [2026] EWHC 1234” (civil) or the family court case number.
The expert’s qualifications: confirm the expert’s name, relevant qualifications, current GMC registration status and subspecialty. This establishes the expert’s standing.
The specific questions or issues: List exactly what the expert is asked to consider. In a personal injury case: “Did the claimant’s psychiatric symptoms arise as a consequence of the road traffic accident of 1 March 2026, or are they attributable to pre-existing conditions?” In a family care case: “What is the relevance of the mother’s depression to her capacity to provide safe care for the child, taking into account treatment and social support?” Avoid open-ended questions.
The factual background: Summarise the case chronology so the expert understands the context. In personal injury: dates and nature of injury, timeline of treatment, relevant employment/social history. In family: dates child was removed, previous involvement of social services, parents’ psychiatric history.
Medical records to be provided: Specify which records the expert should review: GP notes, hospital discharge summaries, psychology session records, school reports (if a child is involved), employment records (in stress cases), social services assessments (in care proceedings).
The expert’s duties to the court: The letter must state that the expert understands their duty to the court overrides any obligation to the instructing party, and that expert evidence must be independent and unbiased. This is a statutory requirement under Civil Procedure Rules Part 35, rule 35.3 and Family Procedure Rules Part 25, rule 25.3.
Timescale for the report: Specify the deadline for the expert to provide their report in writing. Typically 4–12 weeks depending on case complexity and availability of records.
Fee agreement: Confirm the rate (hourly, fixed or other), whether it is subject to legal aid caps, and payment terms. See separate guidance on legal aid expert fees.
Arrangements for examination: If the expert needs to interview or examine the claimant/party, set out proposed dates, location and any special requirements (interpreter, mobility access, etc.).
Court permission: In civil cases, the court must grant permission before the expert is instructed (CPR Part 35, rule 35.4). In family proceedings, permission is required under section 13 of the Children and Families Act 2014. Do not instruct the expert until permission is granted.
Sending medical records and disclosure
Once the expert is instructed, the records must be sent promptly. Delay breaches the court’s expectations and may trigger a request for an extension of the reporting deadline.
Send copies, not originals. Include a covering note with a list of all documents enclosed. If records are voluminous, consult the expert on whether they need all of them or a selection (to manage their time and your costs).
In family care proceedings, the expert must be given access to social services records. These may be held on a secure portal. Ensure the expert can access it before the instruction letter is sent.
In criminal cases, the defence must disclose the letter of instruction to the Crown Prosecution Service and the court as soon as reasonably practicable.
Confidentiality is strict: the expert must not discuss the case with anyone outside the instructing legal team and the court, even after the report is completed.
Timescales and turnaround
The court does not approve unreasonably long reporting deadlines. Typically:
- 4–6 weeks: straightforward case, few records, local examination.
- 8–12 weeks: complex case, voluminous records, travel to examine party, or waiting for specialist investigations.
- 16+ weeks: exceptional cases, with court permission.
Extensions are granted only if the expert makes a written request with good reason. Judicial pressure to keep cases moving is high. If the expert cannot meet the deadline, tell the instructing solicitor and the court immediately.
Fees agreement and legal aid
In legal aid cases, fees follow the Legal Aid Agency’s fixed rates (no negotiation). In private cases, fees are negotiable but must be agreed in writing before instruction. Cancellation fees are payable only if the client cancels within 48 hours or fails to attend. If work exceeds estimated hours, prior authority is required.
Court permission and single joint experts
In civil cases, the court’s permission is required under CPR Part 35, rule 35.4. The application must identify the expert’s field (e.g. “general adult psychiatry”), the issues the expert will address, and (where practicable) the expert’s name. The court may limit the expert’s fees.
In family proceedings, permission is required under section 13 of the Children and Families Act 2014, and in children proceedings the expert must be “regulated” (registered with the GMC, HCPC or other statutory regulator) unless no regulated expert is available.
Many courts encourage or direct a single joint expert (SJE) rather than separate experts for each party. If ordered by the court, the parties must agree on the expert’s identity, or the court will select one. The SJE’s letter of instruction must be agreed jointly; if the parties cannot agree, the court will set out the instructions itself.
Key points
- Identify the right psychiatric specialty for your case’s key issues.
- Verify the expert is on the GMC Specialist Register before instructing.
- Obtain court permission (civil or family) before the expert begins work.
- Draft a specific, detailed letter of instruction setting out the exact questions.
- Agree fees in writing; in legal aid cases, comply with the Legal Aid Agency’s fixed rates.
- Send all relevant medical records promptly; timescale for report is usually 4–12 weeks.
- If a single joint expert is ordered, co-operate in agreeing instructions.
Related: Find a medico-legal expert