An investigation by The Observer has triggered calls for an inquiry into the use of unregulated psychological experts in the family courts.
A group of MP’s, led by the victims’ commissioner for London, Claire Waxman, have written to the justice secretary, Dominic Raab, saying: “We believe there is ample evidence that children and survivors of domestic abuse are being put at risk by the evidence provided by unregulated experts who do not belong to any professional body and therefore cannot be held to account.”
In its article, The Observer said the Association of Clinical Psychologists had warned that unregulated “experts” have “suggested inappropriate diagnoses and made recommendations for children to be removed from their mothers based on these diagnoses”.
The letter also highlights concerns regarding the experts’ instruction in cases where there are “parental alienation” allegations. Parental alienation is where a child is seen to have rejected one parent for no reason other than the manipulation of their perspective by the other parent. If it is proven that “alienation” has taken place, the child can be removed from that parent with no further contact.
The MPs are concerned that “parental alienation” is being used as a countermeasure to claims of domestic abuse, and that a child’s genuine fear of a parent can be “subverted by experts and used as evidence of alienation … This in turn means judges are making child contact and residence arrangements based on unsound advice.”
Signed by Anna McMorrin – the shadow minister for victims and youth justices, Jess Phillips – the shadow minister for domestic violence, Labour MP Sarah Champion and Conservative MPs Caroline Nokes and Robert Halfon, the letter is asking the Ministry of Justice to commit to “an urgent inquiry into the use of parental alienation experts in the family court” in partnership with the Family Division of the high court.
In a separate letter, Tory peer Arminka Helic also expressed her concerns to the justice secretary.
Halfon told the newspaper: “As the MP for Harlow, I’ve seen some thoroughly tragic cases of domestic abuse but it always seems to me that the family court is weighted against the victim, rather than the perpetrator. There is one hurdle after another that the victim must jump over in terms of parental custody and access. Anything that can be done to ensure the court system presents a fair and real chance to limit parental access by abusers is welcome.”
A third letter has also been sent to Raab, signed by 85 academics, lawyers, charity leaders and health workers, warning: “There are clear dangers to the public who may unwittingly hire an unregulated expert witness and therefore have no legal redress should harm occur.”
Natalie Page from the Survivor Family Network said: “This crisis can only be resolved by a full and frank inquiry into the use of psychological experts in the family court. The stakes for victims of abuse couldn’t be higher.”
While Family Justice Council Guidelines state that courts should “expect that all psychologists based in the UK providing evidence in the family proceedings are regulated by the Health and Care Professionals Council and/or … have chartered membership with the BPS”, judges are, within the legal framework, permitted to appoint unregulated experts at their discretion.
Confirming its receipt of the letters, the Ministry of Justice said: “The justice system would thoroughly investigate any reports of false evidence and courts have recently issued guidance on what type of expert evidence should be authorised.”
“The welfare of the child is paramount and remains at the heart of family court proceedings.”
