Unorganized experts from family courts can be banned according to new proposals for the procedures that involve children in England Wales.
The Family Procedures Rules Committee, which determines the rules in the cases of the Family Court, has Suggested changes to the rulesWhich is now outside of public consultation. This follows an increasing concern by deputies and activists about the experts appointed by the court who advise the changes of life change without the necessary qualifications. But some organizations say they do not go far.
The court can appoint experts to implement the assessments and provide evidence to teach judges’ decisions regarding the child’s care issues, such as the parent with which the child must live or whether they should be placed in the care of the local authority.
In recent years, Fears were raised About psychologists appointed by the court who are directed to conducting assessments, conducting diagnoses and recommending treatment beyond their experience. Fears, It was highlighted for the first time in observer In 2022It is especially related to cases that are characterized by allegations “Parental alienation” – A disputed concept that describes the child’s rejection of one father because it was manipulated by the other.
Part of the issue is that anyone can call themselves a “psychological scientist” – it is not a protected title. And “and” He says guidance Psychologists appointed by the court must be organized by the HCPC, and an unorganized expert can still be submitted at the judge’s discretion.
Earlier this year, Confidential investigation From the investigative press office The media has revealed the controversial views of one unorganized expert, Melanie Jill, whose advice was useful in removing a number of children from their mothers.
In December 2023, the head of the family department highlighted the “need for a duty of duty” in the process of teaching experts, but he said a more important organization for the title of “psychological world” It was an issue for parliament. the Ruling Follow a chapter A call from the mother Their children were removed from their care against their desires after a generation said it was “isolated” from their father.
The proposed change may mean that the expert should be organized either by a legal body in the United Kingdom – which will be for psychologists HCPC – or is in a record approved by the Professional Standards Authority.
Professor Mike Wang, President of the Association of Clinical Psychologists in the United Kingdom, said the change would be a big step forward. However, the suggestion says that it is still possible to use an unorganized expert if the problem in question can only be solved with the experience of a person who is not organized, although the judge has to give reasons for his decision.
“I think the intentions are good, and it will be very difficult if it is not impossible for the witnesses of experts who are packed to provide evidence in family courts. But we say that the exception should be removed. We are concerned about the presence of some judges who may use this gap to justify the useless use,” Wang said.
Wang also said the courts should not use the exception to avoid delay. “If that means that there is a delay because you are waiting for one of the experts free, this is what should happen – you cannot sacrifice the quality of the evaluation in order to meet the time.”
The proposed rules apply to all expert witnesses, but concerns are often related to expert psychologists, who have received instructions from the courts to advise mental health, abuse of materials, shock, relationship difficulties and abuse.
Only HCPC psychologists have skills and training to conduct clinical diagnoses and recommend treatment.
“To ensure the quality of advice, it is very important for family courts to use only those who are organized HCPC if they require any form of psychological experts,” Wang said.
The charitable rights of women also believe that the proposed changes do not go largely – specifically in prohibiting evidence from experts who were contacted before the court’s participation or in preventing historical reports from influencing a living issue. “We are concerned that these proposals do not address the specific damage caused by the use of psychologists and psychotherapists who pay their personal beliefs about parental alienation,” said Olive Craig, the legal advisor to charities.
“The evidence provided by these experts should be unacceptable in court. This means that their reports should not be used as a guide at all. We will ask the Family Procedures Rules Committee to include this within the proposed rules.”
A spokesman for the Ministry of Justice said: “We agree that only the most qualified experts should be able to provide evidence in the procedures, and for this reason we are currently consulting on this issue. We will carefully look at every response before completing any changes,” said a spokesman for the Ministry of Justice.
the General consultation Close on Friday, June 6, 2025.
