What Is A Psychological Assessment In Family Law?

A psychological assessment is when a person has an in-depth conversation and/or completes various short tasks in the presence of an expert.

Undertaking this assessment is to help the Court gain a deeper understanding of that person’s strengths, their needs, and things that have happened in their life.

For example, an assessment of a parent might address how they are coping, what helps them and what treatments they are on. This is predominately to assess how and what impact this will have on the child in their care, particularly whether this poses a risk to the child now or in the future as often mental health conditions make it harder for parents or carers to manage caring for a child.

Additionally, an assessment of a child might help to identify how they are feeling, how well they are developing, and what support they might need moving forwards.

Do I Have To Agree To A Psychological Assessment?

The Court cannot force someone to undergo a psychological assessment, but the Judge will expect that person to cooperate and if an adult refuses to take part in an assessment, the Court may draw ‘inferences’ (form a negative view from this refusal to engage).

If an assessment on a child is deemed necessary by the Court, an expert is usually instructed with permission of all those with parental responsibility. However, if the child is in the care of the Local Authority, the Local Authority will share parental responsibility by virtue of the Care Order and therefore they can agree to an assessment taking place, even without the parents’ consent.

How Will Undertaking A Psychological Assessment Impact On Proceedings?

Requiring a person to undergo a psychological assessment will likely add a delay to the Court proceedings and will mean incurring an additional cost, both of which are undesirable.

However, as mentioned above, psychological assessments assist the Court to reach a decision about the best long-term interests of the child and/or what support can be put in place to help a parent or carer suffering with mental health difficulties, so it is often thought of as a purposeful and necessary delay or cost.

Additionally, if matters are in care proceedings, these costs will be covered by the Legal Aid Agency, as well as other family proceedings where legal aid has been granted.

Is The Judge’s Decision Going To Be Affected By What The Psychological Assessment Says?

Expert evidence is just one piece of the puzzle that a Judge has to consider. An expert gives their views and recommendations, but the Judge ultimately makes the final decision. A Judge cannot completely disregard a particular expert’s view without explaining why they have done so.

What Is The Difference Between A Psychological & Psychiatric Assessment?

Whilst both types of evaluations are used in family proceedings, a psychologist focuses on the broader picture of a person’s mental health in order to identify why a person is behaving in the way they are and what is causing the person’s emotional distress and behavioural patterns.

In comparison, a psychiatric assessment focuses on diagnosing specific mental health disorders and often looks for physical symptoms or chemical explanations to a person’s mental health condition which can be treated with medication, alongside other types of treatment.

Psychiatric reports tend to be more stringent and scientific, whereas psychological reports tend to be lengthier and explanative.

Next Steps...

If you would like further information on psychological reports in family law proceedings, please contact the family team on freephone 0800 011 6666 or read our blog on ‘Section 13 of the Children and Families Act 2014’ for further information on expert reports more generally in family proceedings.