L, Re (Delay: letter of instruction to expert)

(ii) On 30 June 2006, the representatives of the parents in this case indicated they wished to consider joining the guardian and Trust in instructing Ms Wassell. That in itself is unacceptable delay because that is a matter that ought to have been considered much sooner ie within days of the directions of 5 May 2006.

(iii) On 4 August 2006, the representatives of the parents then indicated that they did not wish to become involved in jointly instructing Ms Wassell. Once again this is a totally unacceptable delay - in excess of one month - for a simple decision of this nature to be taken particularly in light of the fact that counsel had raised the matter with the court on 30 June 2006.

(iv) Thereafter, armed with legal aid which had been granted on 3 July, the Trust and the Guardian Ad Litem Agency failed to agree a letter of instruction to Ms Wassell until 30 August 2006. It was submitted to me that there were staffing problems with a solicitor on maternity leave all of which contributed to the delay. I do not accept that as a justifiable excuse for public bodies charged with the duty of making the interests of a child a paramount concern taking almost eight weeks to complete such a simple task.