Psychology, public protection and family proceedings:
my thoughts on Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam) – Part 1
Am I the only one who was not surprised at the President of the Family Division’s decision in Re C (Parental Alienation: Instruction of Expert) [2023] EWHC 345 (Fam)? Quite simply, he re-iterated the rules as they stand – FPR 2010, Part 25 and PD 25A-D.
“There is no definition of ‘expert’ in Family proceedings” (para 87) – Simply any Tom, Gertrude or Nadia can call themselves an expert if they can convince the court they have “expertise” – and the same Tom, Gertrude and Nadia can call themselves a psychologist – whether they have any psychological knowledge or not. While the President suggests the court and the public may find this “unhelpful and potentially confusing” – I find this a gross understatement and minimisation of the risks to vulnerable people in distress and crisis. For me, the issue has always been about public safety. And it is this matter of holding professionals to account, of ensuring minimum standards, ethical and competent practice which is dodged here by this judgement, and more widely.
Sir Andrew rightly points out that regulated professionals are subject to disciplinary processes around their fitness to practise, but suggests that testing out these issues in this legal arena would be “unfair” on Ms A, impacting on her future ability to work. How does the potential damage caused by an unregulated Tom, Gertrude or Nadia weigh in against their freedom to posit themselves as they wish – as an expert in attachment, mental health, family dynamics – unchecked, unmonitored, unstoppable? Where there is no regulatory process, who protects the vulnerable?
In my opinion, there is a fundamental right to expect those who examine and delve into our lives, our thoughts, our behaviours, our actions, our psychological functioning and our trauma responses to be knowledgeable, skilled and accountable – within the Family court and without. Appropriate regulation of psychology, psychotherapy and counselling is long overdue. Of course, the Family Procedure Rules and associated Practice Directions could be amended too …