10 - Medico-legal fees
Miscellaneous fees
1. Paternity testing
Effective date: 1 April 2008
Fees for blood tests for evidence of paternity are established by the Blood Tests (Evidence of Paternity) Regulations 1971 (c), and are agreed with the BMA.
 | | £ | |
| For making the arrangements and to take a sample | 37.90 | | |
| | | |
| Notes: | | | |
| 1. | The fee structure has been simplified by the Department for Constitutional Affairs which is responsible for court ordered paternity testing. | | |
| | | |
| 2. | The charge is payable whether or not a sample is taken. | | |
| | | |
| 3. | The charge applies for each unit of work. Therefore, the same rate will apply for the second sample, third sample etc. | | |
2. Probation service
a) Reports requested by the courts
For the provision of medical reports to the Probation Service at the request of the court, the fees listed in the section Paid out of central funds: written reports (a) and (b) apply.
Source: Letter (9.3.99) from S Tones, Probation Unit, the Home Office to M Isom, Secretariat PFC.
b) Reports not requested by the courts
For the provision of medical reports not requested by the court, the Home Office advised the Probation Service, in May 1995, that the cost of medical reports commissioned for other purposes must be reimbursed by each service. The Home Office encourages the Probation Service to seek the court’s authority before commissioning a medical report; this was emphasised in the 1995 National Standards for the Supervision of Offenders in the Community which stated that:
'Where a medical report is thought necessary the pre-sentence report writer should invite the court at the earliest opportunity to consider ordering such a report to be made.'
GPs should consider, through their LMC, establishing local protocols with individual probation services, in the light of local circumstances and needs, or else the rates listed in Fees guidance schedule 11 could apply for services which can only be provided by a patient’s own general practitioner.
Source: Letter (9.3.99) from S. Tones, Probation Unit, the Home Office, to M. Isom, Secretariat PFC.
3. Children and Family Courts Advisory Service (formerly the Family Court Welfare Service)
The position of the Service on payment for medical reports is as reported in the Probation Information Bulletin of 13 December 1995. Namely that:
'Payment for medical reports in private law cases must be made by the requiring party unless the party is legally aided and the legal aid certificate covers such a report. Where the Court Welfare Officer forms the opinion that a medical report is appropriate, leave of the court should always be sought before such a report is commissioned. In these circumstances, the Welfare Officer should ensure that a direction is obtained as to which party is responsible for payment either personally or through the legal aid certificate.'
Source: Letter (20.3.00) N. Patel, Civil and Family Business Branch, The Court Service.