How do Psychologist Expert Witnesses assist the Family Courts?

Psychologists can be instructed by the courts to perform assessments as an Expert Witness, to look at a range of social, relational, psychological, neuropsychological and developmental challenges.

In the family courts, a Psychologist may be asked to assess factors impacting a person's ability to parent, such as their ability to protect, their capacity for change and ability to work with professionals.

It is for the court to decide whether to instruct a psychologist in a case, and therefore we do not take direct instructions from parties in family law cases. The initial enquiry may come from an individual, but in most cases it comes from a solicitor to one of the parties. Depending on the factors of the case, location and whether it is an assessment of children, adults or both, we will recommend the most suitable team member. We will also provide a date to file the report (or our turnaround time), a cost estimate and a CV for the relevant expert, or experts; there may be more than one suitable psychologist available.

It is then for the court to decide if we are to be instructed to provide an assessment. Sometimes a judge may deem it unnecessary for a psychological assessment, or another expert may have been put forward with shorter timescales, or a specific area of expertise that the court feels would be helpful.

If an expert is instructed, we will receive a Letter of Instruction, with a range of questions that the psychologist is asked to consider in their assessment. This may include questions about emotional harm to a child, a parent's ability to protect a child or what support or therapeutic input may be helpful.

What does a Psychological assessment involve?

A psychological assessment will involve an interview with the person where they find out more about their current situation, childhood, previous relationships and anything else that may be relevant to the assessment. People are often surprised to hear this part of the assessment is usually scheduled for five hours; however it is comprehensive for a reason and once people start talking they often comment that is passes quicker than expected.

The psychologists will often then provide the individual with psychological tests to complete, to further inform the assessment. These will vary depending on the individual and the challenges, but may include screening for PTSD, Depression or a Neurodivergence such as Autism or ADHD. These are not used to provide a diagnosis, but to help gain a deeper understanding of an individual and any factors impacting the current situation, and what might be recommended to help bring about change.

Most family court assessments involve multiple family members, and if necessary, children too. Children's assessments will be significantly shorter, and may involve games, colouring or other activities, depending on their age.

Sometimes it is relevant for a psychologist to speak to other individuals, other than the parties, such as teachers or foster carers. This is especially true when children are being assessed.

Psychologists will be provided a 'bundle' of evidence to also review as part of their assessment. This can often by upwards of 100 + pages of evidence. This will often include reports by other professionals, such as CAFQAS (on behalf of the children), social workers, and statements by the parties. If the assessment relates to a case that has been going through the courts for a long time, it may include a range of court orders, transcripts and other court documents. The expert witness will also review medical records as well.

The psychologist will use the findings of this process to write their report, addressing the questions put to them in the Letter of Instruction and detailing the evidence; such as testimony, documents, psychometric testing and any other relevant studies that they have cited.

The report will be filed  with the 'instructing solicitor', and they will then distribute this among the parties and their legal representatives.

What happens next?

It is not for a psychologist to decide what happens next, but to help provide their expert knowledge to assist the court in making an informed decision.

In some cases a psychologist may be instructed to perform another report later on, called an Addendum Report. This may be helpful if further evidence has come to light, that the expert was not made aware of at the time of their initial report. It may also be helpful if a party, or parties, have undergone the therapeutic input recommended in an earlier report, and the expert is being asked to look at the effectiveness of this therapy on them.

In some cases, the expert may be asked to attend a hearing to discuss their findings under cross examination. This is an opportunity for the parties to further understand how the expert came to the findings they did, and decided on their recommendations.

Who pays for a Psychological assessment?

In some Private Law cases the cost is covered by the parties, but in many cases, the costs are covered by the Legal Aid Agency (LAA). These costs are set at 25 hours for one individual, and 10 hours per additional individual. The hourly rate is also set. Experts may need to request additional hours, if a case is particularly complex and requires more time or the bundle is very large and additional time is required to process this.

In private law cases, where the cost of the assessment is to be covered by the parties, we require the report to be paid for before the assessment process begins.

How to send an enquiry

If you would like to enquire about a Psychological assessment in relation to family law proceedings, you can do so by contacting the team at info@mdownsandassociates.co.uk or by calling us on 01143035053, and providing the following details:

Number of adults to be assessed

Number of children to be assessed and their ages if available

The location

The type of proceedings (eg: Care Proceedings, Private Law Proceedings)

Any hearing dates

We will hold all timescales for 7 days as standard, unless you notify us that a decision will be made at a hearing on a particular date. If after 7 days you wish for us to hold this date further, please let us know. Alternatively up to date time scales can be requested at a later date.