Home › Guides › Planning psychiatric expert evidence for the new year: what to prepare before the December break
The December break is a practical moment to look at expert evidence. Court timetables, directions and disclosure deadlines do not stop for the holidays, and a psychiatric instruction that starts in January can already be behind schedule. Experts also have diaries that fill up in the new year, so a request sent in the final week of December may take longer to answer than one sent in November.
This is a planning guide for solicitors, litigants in person and others who may need a psychiatric report. It is general information about preparation. It does not describe a particular case, and it is not legal advice on the rules that apply to any proceedings.
Check the timetable first
Before you think about an expert, check the timetable that governs the case. Look at any directions order, the dates for disclosure, the date by which expert evidence must be exchanged and any hearing dates. Note the deadline for any application to the court, such as permission to rely on expert evidence, if one applies.
If the timetable is tight, speak to the court or the other parties early. An extension is easier to agree in November than to request in late January, when everyone has already moved on.
Decide whether you need a psychiatrist
Not every case needs a psychiatric report. Some cases are better suited to a psychologist, a general practitioner’s evidence or a report from the treating team. Before you instruct, consider what question you need answered, who is best placed to answer it, and whether the court expects a single joint expert or separate experts.
Our guide on whether a psychologist or psychiatrist is the right expert sets out the main differences. The choice affects the cost, the timetable and the kind of opinion the report will contain.
Gather the records now
Expert assessments rely on the records. Start collecting them before the holidays, so that the expert has what they need from the first meeting. Useful records often include:
- medical notes, including GP records and any hospital or community mental health team records
- previous reports, letters and discharge summaries
- employment records, if the case concerns work or a claim linked to employment
- school or education records, where children or young people are involved
- relevant correspondence and statements from the parties
Check that you have the right to share the records and that you have the consent you need. Keep a list of what has been sent and when, so the chronology is clear later.
Prepare a clear letter of instruction
The letter of instruction tells the expert what the questions are, what documents to read and what the time limits are. A clear letter saves time and reduces the risk of the report answering the wrong question.
Set out the background in neutral terms, list the questions the expert is asked to address, and identify the documents enclosed. Avoid language that suggests the answer you want. The expert owes a duty to the court, and a letter that leans towards a particular conclusion can cause problems later. Our guide on how to instruct a psychiatric expert explains what a good letter contains.
Agree the fee and the availability
Fees and availability are often the slowest parts of an instruction. Ask the expert for a written estimate, a timetable for the assessment and the report, and any conditions that apply, such as cancellation charges or additional fees for attending court. Where legal aid is involved, check the rules on expert fees before you commit.
Ask about availability early. If the expert cannot see the person until February, plan the timetable around that date rather than hoping for a faster slot.
Think about the person being assessed
If the assessment involves a person, think about their wellbeing over the festive period. A holiday can be stressful, and a person who is already anxious or unwell may find the lead-up to a psychiatric assessment difficult. Let the person know what to expect, who will attend the assessment and how long it will take. Ask whether they need support, an interpreter or an adjustment to the appointment.
Make sure the person understands the purpose of the assessment and that the expert is not their treating clinician. This matters for consent, for the way the report is written and for the person’s expectations.
Prepare the questions for the new year
Write down the questions you need the report to answer before you send the instruction. Think about whether they are clear, whether they can be answered on the available evidence and whether any of them go beyond the expert’s field. A short list of focused questions is more useful than a long list of general ones.
Consider also what happens after the report. Do you need a discussion with the expert, a joint statement with another expert, or an answer to a written question from the other side? Build those steps into the timetable now.
A simple pre-holiday checklist
- Confirm the timetable, directions and deadlines.
- Decide which type of expert is needed and whether the court expects a joint expert.
- Collect and index the records, and confirm consent.
- Draft the letter of instruction in neutral terms.
- Request a written fee estimate and the expert’s availability.
- Think about the wellbeing and support needs of the person being assessed.
- Diarise the key dates for the new year, and tell the other parties what to expect.
Key points
- Check the timetable and deadlines before you do anything else, and raise any problems early.
- Decide whether a psychiatrist is the right expert for the question.
- Collect the records before the holidays, and keep a note of what has been sent.
- Write a neutral letter of instruction with focused questions.
- Ask for a written fee estimate and the expert’s availability in writing.
- Plan for the wellbeing of the person being assessed, and build the next steps into the timetable.