“An expert is a person who, through specialist training, study, or experience, is able to provide a court, tribunal, or hearing with relevant scientific, technical, or professional information or opinion, based on skills, expertise, or knowledge, that is likely to be beyond the experience and knowledge of the representing lawyers, judge, jury or panel.”
“First, it is obvious from the cases that the test of expertise is not one of great precision, especially because it can depend upon the nature of the matters which require proof and assumes a wide discretion in the court which considers it. Secondly, it appears to be recognised that the most effective way of assessing expertise is, rather than conducting a difficult exercise based almost entirely upon the limited evidence available as to qualification, experience and skill at the admissibility stage, to hear the witness’s substantive evidence and use this as the basis upon which to judge not only the quality of their evidence, but also their competence to give it. Thirdly, and following directly from this second point, the degree of expertise revealed by the witness in their evidence is inevitably an important part of the process of attributing weight to the evidence in order to decide the issues. It would indeed be an exercise of some artificiality to attempt to effect complete separation between the question of expertise and that of the persuasiveness of the evidence given by the witness.”
“(a) the issues in the proceedings to which the expert evidence is to relate and which the court is to identify; (b) the questions relating to the issues in the case which the expert is to answer and which the court is to approve ensuring that they – (i) are within the ambit of the expert’s area of expertise; (ii) do not contain unnecessary or irrelevant detail; (iii) are kept to a manageable number and are clear, focused and direct;” (i) are within the ambit of the expert’s area of expertise; (ii) do not contain unnecessary or irrelevant detail; (iii) are kept to a manageable number and are clear, focused and direct;” 7) For their part, the expert witness in children proceedings is subject to the duties set out inPD25B , which include: the duty to comply with the Standards for Expert Witnesses in Children Proceedings in the Family Court, which appear at the Annex; the duty “to confine the opinion to matters material to the issues in the case and in relation only to the questions that are within the expert’s expertise (skill and experience)”; and “where a question has been put which falls outside the expert’s expertise, to state this at the earliest opportunity…”:PD25B 4.1(aa), (e) and (f). 8) The annexed Standards require expert witnesses in children proceedings to comply with eleven standards. These include: “1. The expert’s area of competence is appropriate to the issue(s) upon which the court has identified that an opinion is required, and relevant experience is evidenced in their CV. 2. The expert has been active in the area of work or practice, (as a practitioner or an academic who is subject to peer appraisal), has sufficient experience of the issues relevant to the instant case, and is familiar with the breadth of current practice or opinion. … 5. If the expert’s current professional practice is regulated by a UK statutory body (See Appendix 1) they are in possession of a current licence to practise or equivalent. …” 9) Appendix 1 identifies ten regulatory bodies, including the HCPC. Its entry includes a table of the sixteen professions that it regulates, and the protected titles for each profession. One of these is “Practitioner psychologist”, for which the table entry reads: “Practitioner psychologist Psychology is the scientific study of people, the mind and behaviour. Psychologists attempt to understand the role of mental functions in individual and social behaviour. Protected titles • Practitioner psychologist • Registered psychologist • Clinical psychologist • Counselling psychologist • Educational psychologist • Forensic psychologist • Health psychologist • Occupational psychologist • Sport and exercise psychologist”
“97. … A lesson plainly to be drawn from the present case is the need for clarity as to an expert’s qualification and/or experience. The more diffuse and unstructured a CV, the less effective it is likely to be in transmitting information crisply and clearly. In this regard, lawyers, magistrates and judges are lay readers. They need to be able to see with clarity, and in short form, the underlying basis for an individual’s expertise. HCPC registration, or chartered status in the BPS, provide a reliable, one-stop, method of authentication. Where a potential expert is registered with the HCPC as entitled to hold themselves out as an expert under one of the protected titles, this can be taken as sufficient qualification to offer an opinion within that field of practice. Further detail in the CV may assist with the choice of one particular expert over another, but it is the kitemark of HCPC registration which should resolve the question of qualification without more. A psychologist’s CV should, therefore, prominently highlight whether they are HCPC registered or not. It is incumbent on an unregistered psychologist to assist the court by providing a short and clear statement of their expertise.”
“Clinical psychologists are qualified to work with individuals across the lifespan with behavioural, emotional and/or psychological distress causing disruption to their everyday functioning and wellbeing. Their task is to facilitate adaptability and change in individuals, groups, families, organisations and communities in an effort to alleviate distress and enhance future resilience.” “Educational psychologists are qualified to address concerns affecting psychological and emotional development and learning expressed by and on behalf of infants, children and young people (0–25 years). They draw on a range of psychological theories and apply these to carry out a wide range of tasks with the aim of enhancing children’s development, learning and emotional wellbeing. Educational psychologists enable parents, teachers and other individuals working with children to become more aware of and address the social factors affecting development and learning. … Educational psychologists have skills and knowledge that enable them to: understand and apply psychological models related to the influence on development of children and adolescents from family structures and processes, cultural and community contexts, and organisations and systems;”
“For your information For the sake of clarity and openness I am informing you that following a complaint to Health and Care Professions Council (HCPC), initiated by a parent in a family matter, there is to be a tribunal hearing with regard to my fitness to practise. The central issue concerns areas of expertise and as to whether or not I have the expertise to undertake the assessments of adults. I strongly contest this, of course, since I have training and a vast amount of experience in child, adult and family work, over a number of years. This is an issue in progress. The HCPC have not imposed any sanctions on my work, nor have they indicated that I should inform those instructing me. There is no need to change my CV or Qualifications and Experience which are correct and accurate. I will inform you about any developments. Yours sincerely, Graham Flatman”
“You are asked to consider the following in relation to the children: 1. Please provide a full psychological assessment of the children individually. 2. Please assess the children’s current psychological and emotional health, examining their current social, emotional and psychological needs individually. Please comment on whether any of the children appear to suffer from any psychological, behavioural or emotional difficulties. 3. If any of the children are identified as suffering from any difficulties, please comment (if you are able) on whether those difficulties are the result of organic or environmental causes: commenting specifically whether the children’s life histories and circumstances could have impacted on his current emotional and psychological functioning. 4. Please assess whether or not the children are functioning emotionally and socially appropriately for their age. 5. Please assess the current and long term impact on the children of their experience of parental care to date and comment on their presentation as a result of their parenting experiences. 6. Please comment on any particular problems that the children may experience in future as a result of their individual experience. 7. Please comment on the children’s individual therapeutic needs and indicate how those needs might be met and the timescales for such. 8. Please comment on whether any of the children would benefit from any treatment or therapeutic input, and comment on the nature and likely duration of such. Please also comment on the children’s capacity and motivation to engage in such therapy. 9. Please comment on whether any specific assistance and / or training should be given to the children’s care givers to ensure they are able to meet their needs. 10. Please comment on the children’s contact and attachment with their parents. In relation to the parents please consider the following: 1. Please provide a full psychological assessment of the mother. 2. Please comment on whether the mother has in history or present a psychological disorder/difficulty and if so what is the diagnosis? 3. If the answer to question 2 above is yes, are there any features of either psychological difficulties, emotional difficulties or personality disorder which could be associated with risk to the children based on available evidence base (whether published studies or evidence from clinical experience). 4. Please assess the mother’s ability to identify risks that may be posed by her or others to the children and her ability to protect from those risks. 5. Please assess the mother’s ability to meet the individual and respective needs of the children, as identified in your assessment of them, above. 6. Please assess the mother’s emotional functioning and her ability to put the needs of the children above her own. 7. Please assess the mother’s ability to prevent the children from being exposed to adult matters or sensitive information. 8. Please assess the relationship history of the mother and to what extent she is able to put her children’s needs above her own relationships. 9. Please assess the mother’s ability to abstain from engaging in future domestically abusive relationships. 10. Please assess the mother’s ability to safeguard the children from being exposed to inappropriate persons, relationships or behaviours. 11. Please comment on the mother’s ability to manage her behaviour, presentation, mental health difficulties, and regulate her emotions so as to safeguard her children from the effects of any negative behaviours. 12. Please comment on the mother’s motivation, and ability to change if change is required together with timescales for such change to be brought about. 13. Please assess the mother’s ability to work openly and honestly with professionals and abide by any agreements or restrictions put in place to safeguard the children. 14. Please assess the mother’s ability to engage with professionals to effect positive change or to obtain support and assistance to the benefit of herself and the children. 15. Please assess the mother’s attachment with her children. 16. Please assess whether the mother’s understanding of concerns of the local authority and whether she has the ability to recognise the local authority’s concerns and act upon those concerns.”
“I am a Chartered Psychologist having a Bachelor of Science in Psychology, a Master of Science in Educational Psychology, a Post Graduate Certificate of Education, a Diploma in Ericksonian Hypnosis, Psychotherapy and Neurolinguistic Programming (British Hypnosis Research). I am an Associate Fellow of the British Psychological Society. I have worked in Local Authorities for seventeen years and in private practice for seventeen years. I am registered with Health & Care Professions Council (HCPC). … I am on The British Psychological Society register of Expert Witnesses. I am an expert in the assessment of learning difficulties and offered high level diagnosis at the Ebury Centre, London for children with learning difficulties. I have extensive experience and act as an Expert in child, adult and family related issues in clinical and legal contexts. I continue in private practice assessing and treating a wide range of psychological issues in children, adults and families. … I am currently completing about six reports per month on Child Care Litigation issues, usually for Court purposes and in the last year have completed over sixty reports in this context, referrals coming from a wide range of sources, the majority of which have been from firms of Solicitors and from Local Authorities. I have held contracts with Health Authorities such as Bexley, Greenwich and Maidstone Priority Care Trust as well as individual medical practices to act as a Consultant Psychologist over a wide range of clinical issues. I am therefore experienced in diagnosing and treating a wide range of psychological conditions. In my private practice I treat numerous children, adults and families with a wide range of clinical issues including educational, learning difficulties and personality difficulties as well as a significant number of cases concerning a full range of Care issues including abuse, neglect and harm as well as general parenting issues. …”
“3.6.2 [The mother] produced an invalid score on the Millon Clinical Multiaxial Inventory – III (MCMI-III) due to invalid disclosure. However, there were indications, backed up by clinical assessment, of Compulsive, Anxiety and Post Traumatic Stress Disorder personality traits. There were no indications of personality disorder.”
“1. The children have for many years been subject to varying levels of social care intervention under the category of neglect and emotional harm. 2. The mother and F2’s relationship has been volatile and the children have been exposed to this. 3. F2 has a history of violence. He has sacrificed the children’s emotional needs causing them to be exposed to arguments between the adults in the home. His mental health has at times been poor. He does not accept that he is the cause of concerns and has at failed to engage fully with professionals. 4. F1 has a history of mental health difficulties and has struggled to prioritise A’s needs over his own. He failed to protect A despite knowing of the environment she was living in when with her mother. 5. A safety plan has been in place since October 2021. Part of this safety plan was for F2 to move out of the family home and to not attend the property. However, this plan has been significantly breached in that the parents have resumed their relationship and F2 has returned to reside at the property. Furthermore, F2 attended the family home on Christmas day [2021] despite strong advice from the social workers that he should not do so. 6. The mother has insufficient insight into the risks posed to herself and the children by F2, she is often protective of him and minimises the breaches to the safety plan and it is clear that she does not see the risk factors associated with F2 and the significant risk of emotional and physical harm he poses to the children. 7. The current home conditions are not acceptable; the poor home conditions have been noted by the police as well as social care. There is a smell of urine throughout the property, the property is littered by food debris, there is an overwhelming smell and reported fly infestation. 8. A’s behaviour is challenging. She has been violent to her mother, siblings and grandmother. Her emotional needs have not been met by the adults caring for her and she has been blamed for family disharmony causing her significant emotional harm. Her needs have not been prioritised. She has been physically restrained by her mother despite this being strongly discouraged by the local authority and other professionals involved with the family. As a result the children are at risk of physical and emotional harm. 9. The children have been exposed to and are aware of adult issues.”
“25. I set out Mr Flatman’s opinions in that much detail as it was an extremely thorough and extensive assessment. His oral evidence was measured, helpful and I fully accepted his professional views in respect of the mother and children. In evidence, Mr Flatman did not deviate from his written opinion. He accepted entirely that the mother loves her children and has not set out to deliberately cause them harm, however, he stated that it was very sad that the mother makes completely heartfelt and reasonable statements regarding her love and care for the children but that is not what the children are experiencing. That is fundamental and crucial and the children’s day to day experiences are not those of unquestioning love and care. Mr Flatman did not feel that there had been any insight from the mother and that she was, essentially, in denial and presents her version of the truth. The difficulty for the mother is that, on an unconscious level, she cannot bear to accept the implication that her conduct and behaviour have been a major contribution to the children’s difficulties. All of the children now needed better than good enough care and that required a better than good enough carer. Stability is now crucial for these children.”
“41. … She did not, in any real way, accept responsibility for the situation that the children found themselves in and the fact that threshold, at a fundamental level, remained in dispute was testament to the mother’s inability to recognise the risks and concerns in the case.”
“56. I have already set out the evidence of the mother was extremely concerning and it was in line with the views of the professionals that she lacked insight into the risk posed by F2. She was undoubtedly protective of him both in evidence, but also in her behaviours throughout these proceedings by allowing F2 to continue to live in her property notwithstanding the very clear concerns set out time and again by the professionals. Based on the written and oral evidence that I have heard I am satisfied that paragraph 6 of the threshold document is proved as drafted.”
“59. I fully accept the evidence of Dr Flatman that all three children, individually, need better than good enough care as a result of their childhood experiences to date. Childhood experiences caused by direct harm and the risk of harm as a result of the behaviour of their mother, F2 and the collusion of the maternal grandmother… 60. … It is quite clear to me that the mother, F2 and the grandmother have all prioritised the mother’s relationship with F2 over the needs and safety of each of these three children. In so doing, they have exposed each of them to emotional and psychological harm by virtue of living in a household where there was verbal and physical domestic abuse between the adults, and the risk of physical harm as a result of being caught up in those incidents of physical abuse. Each child has received inconsistent and neglectful care from their mother as set out in the threshold findings, and the assessment of Dr Flatman, which I have already stated I accept in full. Neither the mother, nor the grandmother acknowledge that harm. They do not recognise the issue of domestic abuse or the impact on the children of allowing F2 to come to the property on multiple occasions against the advice and agreement of social care. Neither the mother nor the grandmother accept any criticism of the other; or recognise the impact on the children of the persistent harmful care the children were exposed to. There is an utter lack of insight or acceptance by either of them of the mother and F2’s roles in the experiences of the children and the behaviours and difficulties they now exhibit. F2 does have some insight and acknowledges the harmful behaviours within the household but he still allowed the children to be exposed to that by virtue of his presence. There is, in my view, an unhealthy and enmeshed relationship between the three adults; the mother, F2 and the grandmother which would cause any one of these three children to be at risk of significant emotional and physical harm should they be placed back into the care of either the mother or the grandmother. 61. All three children now have very complex and individual needs which require a high level of reparative care and attuned parenting. …”
“there was plenty of evidence from the parties and social workers to support the judge’s findings of fact and her evaluation of what orders were best.”