Commons Sense

House of Commons · Ministers' Questions

Family Court Experts: Psychologists

Tuesday 16 May 2023 · 3 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 1 Partly answered 1 Not answered 0

Key points

  • Sarah Olney asked the Minister about discussions with the Secretary of State for Health and Social Care regarding the regulation of psychologists in family courts.
  • Sarah Olney expressed concern that the reliance on self-declared experts in family courts is putting children and vulnerable women at risk.
  • Anna McMorrin raised concerns that family courts are being used to perpetuate domestic abuse, affecting the families of victims long after the abuse has become fatal.

Topics (select to filter)

Questions & Answers

Q1 Sarah Olney Lib Dem Richmond Park
Justice & Courts Standards & Ethics Children & Families
Context

Discussions about the regulation of psychologists appointed as experts in family courts are ongoing. The question arises from concerns over expert evidence and its impact on vulnerable individuals.

Question

What discussions has he had with the Secretary of State for Health and Social Care on the regulation of psychologists appointed as experts in family courts?

Answer from Mike Freer

The use of expert evidence is a matter for the independent judiciary, with parameters set in legislation. If the expert's area is regulated, they must be in possession of a current licence to practice or provide an equivalent to the court. If it is not regulated, they must demonstrate appropriate qualifications or regulation by a relevant professional body. I can confirm that officials from the Ministry of Justice and the Department of Health and Social Care are in discussion on taking this further.

Answered
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Q2 Sarah Olney Lib Dem Richmond Park
Women & Equalities Children & Families
Context

Concerns have been raised about the reliance on self-declared experts in family courts, which is seen as placing thousands of children and women at risk. Professional associations and international bodies highlight system failings.

Question

The continued reliance on self-declared experts to provide evidence in family courts is placing thousands of children and vulnerable women at risk, with allegations of parental alienation closely linked to cases of domestic abuse and coercive control. I have heard at first hand from constituents just how dangerous this can be. Professional associations and international bodies, including the United Nations, have also highlighted the failings of the current system. Will the Minister take action to protect vulnerable women and children, and finally commit to a full inquiry into the use of parental alienation in family courts, alongside more regulation and accreditation standards for those invited to give specialist testimony?

Answer from Mike Freer

I reiterate that it is a matter for the judiciary to question the bona fides of an expert: if they do not believe an expert seeking to give evidence in court is of the required standard, the judiciary can reject them. On taking further steps, the rights of the child are paramount, which is why we are looking forward to discussions to see how we can tighten up the role of experts. Equally, the Government are confident that the family justice system can robustly address this issue already. If there is more work to be done once we have been able to see the evidence, we will do it, but I am not proposing that we rush into a further review at this stage.

Partly answered

Not addressed: The specific ask for an immediate commitment and full inquiry was not addressed directly; the response avoided committing without more evidence being reviewed.

How: Not Proposing To Rush Into A Further Review

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Q3 Anna McMorrin Lab Cardiff North
Children & Families
Context

Family courts have been criticized for perpetuating domestic abuse and allowing it to continue against the victim's family after their death. Labour is calling for the implementation of Jade's law to address this issue.

Question

Family courts across the country are being used to perpetuate domestic abuse, and when that abuse proves fatal, which we know it too often does, the family courts allow it to be continued against the victim's family. Currently, the parents of a woman who was killed by her husband would have to be cross-examined by that same murderer to adopt their orphaned grandchildren. This is a system that is stacked in favour of the killer. Do the Government agree that this practice is abhorrent and support Labour's calls to implement Jade's law in the Victims and Prisoners Bill?

Answer from Mike Freer

I refer the hon. Lady to my colleague the victims Minister, my right hon. Friend the Member for Charnwood (Edward Argar), because I believe he has already met the right hon. Member for Alyn and Deeside (Mark Tami) to see how the issues raised by Jade's law can be implemented.

Not addressed: The specific ask was not addressed; instead, a referral to another minister was made.

How: Referral To Another Minister

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