MPs, lawyers and charity leaders are among those calling for an urgent investigation into the use of unregulated psychological experts in family courts following an Observer investigation.
In a letter to the Justice Minister, London Victims Commissioner Claire Waxman and a group of MEPs wrote: “We believe there is enough evidence that children and survivors of domestic violence are at risk from evidence provided by unregulated experts who do not belong to any professional body and therefore cannot be held accountable. “
This comes after the Observer reported warnings from the Association of Clinical Psychologists that unregulated experts had “suggested inappropriate diagnoses and recommended that children be removed from their mothers based on those diagnoses.”
The letter to Dominic Raab raises concerns about the instructions of unregulated experts in cases where there are allegations of “parental alienation” – meaning that the child has rejected one parent for no reason other than being psychologically manipulated by the other parent. Upon discovery of “alienation”, the child can be immediately removed from this parent and all contact can be cut off.
Five lawmakers signed the letter, including Shadow Minister for Victims and Youth Justice Anna McMorin and Shadow Minister for Domestic Violence Jess Phillips. Also signed by Tory MPs Caroline Knox and Robert Halfon and Labor MP Sarah Champion.
They emphasized concerns that allegations of parental alienation were being used to counter allegations of domestic violence and that children’s real fears of violence could be “swept away by experts and used as evidence of alienation”. They write: “This in turn means that judges establish contact with children and residence arrangements based on incorrect advice.”
The letter called on the Ministry of Justice, in partnership with the Family Division of the Supreme Court, to commit itself to “an urgent investigation into the use of experts on the expropriation of parents in the family court”.
Tory peer Arminka Helic wrote separately to the Minister of Justice with her concerns.
Halfon, who chairs the education committee, told the Observer: “As a Harlow MP, I have seen some completely tragic cases of domestic violence, but it always seems to me that the family court weighs against the victim, not the perpetrator. There is one obstacle after another that the victim must overcome in terms of parental rights and access. Anything that can be done to ensure that the judiciary provides a fair and real chance to restrict parental access by abusers is welcome. “
The calls are backed by 85 scientists, lawyers, charities and health workers who have signed a third letter to Raab. They warn: “There are obvious dangers for the public, which may unknowingly hire an unregulated expert witness and therefore have no legal redress if damage occurs.”
Survivor Family Network’s Natalie Page is among those who signed the letter, along with people from organizations including the Center for Women’s Justice, the Feminist Law Society, The Rape Crisis in England and Wales, Refuge, Brunel University, Suffolk University, Equality Now and the Safe Schools Alliance.
Paige said: “This crisis can only be resolved through a full and frank investigation into the use of psychological experts in the family court. The stakes for victims of violence cannot be higher. “
The Joint Guidelines of the Family Justice Council and the British Psychological Society (BPS) state that courts should “expect all UK-based psychologists who provide evidence in family proceedings to be regulated by the Council of Health and Care Professionals and / or … have an established membership with the BPS ”. However, within the legal framework, judges may appoint unregulated experts at their discretion.
The Ministry of Justice confirmed that it had received the letters and would respond promptly, saying: “The judiciary will thoroughly investigate all reports of false evidence and the courts have recently issued guidelines on what kind of expert evidence should be allowed.”
In October 2021, the President of the Family Division published a note on court-appointed experts explaining the principles applied by the Family Court in England and Wales when deciding whether to allow or admit expert evidence.
A spokesman for the judiciary said: “The welfare of the child is paramount and remains at the heart of family proceedings.”
Add Comment