The Protection of the Public in the Family Courts

  • ACP-UK Publications

  • December 2021

Executive Summary:

  • “Psychological experts” without the necessary qualifications and experience are sometimes being instructed to act as expert witnesses in the family court. This can result in harm to the public.
  • In terms of Psychologists, only a practitioner psychologist (currently registered with HCPC) such as a Clinical Psychologist can give a diagnosis or formulation or make recommendations about therapeutic interventions.  Some, but not all practitioner psychologists, can make recommendations about capacity.
  • ACP-UK is aware of several cases in which “psychological experts” who are not HCPC registered have suggested inappropriate diagnoses and made recommendations for children to be removed from their mothers based on these diagnoses.
  • ACP-UK wishes to support those instructing experts for the courts to understand the importance of using HCPC registered practitioner psychologists and is available for consultation on such matters.
  • More broadly, to protect the public from harm, the ACP-UK is campaigning for legislation to protect the term “psychologist” and restrict this to use by practitioner psychologists regulated by the HCPC.

What is the current guidance?

The court guidance (The Family Justice Society / The British Psychological Society, 2016) is that only HCPC registered practitioner psychologists or those chartered by the BPS should be instructed to assess individuals in the court. However, crucially they are not viewed as equivalent in terms of the expert opinion they can offer. This is currently not being followed and non-registered / non-regulated psychologists are undertaking work for which they do not have the necessary qualifications and experience. This can have devastating consequences, particularly in the family court. ACP-UK is aware of several cases in which psychological advisors who are not HCPC registered have suggested inappropriate diagnoses and made recommendations for children to be removed from their mothers based on these diagnoses.

What are the skills of Clinical Psychologists?

Clinical Psychologists are one of the HCPC registered practitioner psychologist professions. Their high level of training, supervised practice and ongoing continuing professional development means they can:

  • give a diagnosis or formulation
  • make recommendations about capacity
  • understand the importance of using evidence-based and well-validated methodologies to assess individuals and make recommendations
  • assess mental health, personality or cognitive functioning in an adult, as well as the impact of injuries or traumatic experiences.
  • assess parenting capacity, attachment relationships and children’s psychological needs

 What can other non-HCPC accredited psychologists offer?

An academic psychologist may be useful to the court to consider specific matters within their area of research expertise, but should not be used to assess individuals, make diagnoses or formulations, or be asked to give recommendations about therapy. A professional working therapeutically with an individual, such as a psychologist or psychotherapist, can be called as a professional witness to share their observations, but should not be used as an expert to the court unless they are HCPC registered.

What are chartered psychologists?

Psychologists (both HCPC and non-HCPC registered) can apply for ‘chartered’ status through the British Psychological Society. To be awarded this status they must provide evidence of particular types of postgraduate qualifications or training.  However, they can achieve this by several routes including teaching of psychology and this does not guarantee that they are suitably trained to provide assessments required to give expert witness evidence to the courts or to deliver psychological interventions. Only psychologists registered with the HCPC are regulated in the UK; the BPS does not regulate psychologists.

What is required to protect the public?

In terms of the court, the current guidance needs to be put into practice and monitored.  ACP-UK is happy to give advice to instructing solicitors as to whether an individual psychologist has the necessary training and expertise to be an expert witness to the courts.

For greater protection to the public, ACP-UK recommends that only HCPC registered psychologists should be used as experts, except in relation to very specific academic questions, where a chartered psychologist may be appropriate.

ACP-UK is aware that there are additional public protection issues outside of the courts, in relation to individuals who are not suitably qualified or regulated providing psychological services to the public.  This includes some who have been struck off by the HCPC, and others who have no accredited qualifications beyond a bachelor’s degree in psychology. ACP-UK is campaigning for legislation to protect the term “psychologist” and restrict this to use by practitioner psychologists regulated by the HCPC. The title is already protected in many countries including Australia.

For more information, please contact:

[email protected]

References:

The British Psychological Society & Family Justice Council (2022) Psychologists as expert witnesses in the Family Courts in England and Wales: Standards, competencies and expectations.