Key Facts
- •Care proceedings concerning child N, born in February 2020.
- •N's sibling, A, died in October 2021; father charged with murder.
- •Local authority alleges A's death resulted from traumatic head injury, possibly from shaking and impact.
- •Both parents charged with neglect; mother also charged with causing or allowing A's death.
- •ISW assessment completed, recommending psychological assessment for both parents.
- •Mother applies for permission to instruct a psychologist; application opposed by local authority and Children's Guardian.
- •Extensive history of neglect, abuse, and substance misuse within both parents' childhoods and current lives.
- •Hair strand testing revealed exposure of N to various drugs also present in parents' hair.
Legal Principles
Expert evidence is admissible in family proceedings under s.3 of the Civil Evidence Act 1972.
Civil Evidence Act 1972
Permission to instruct an expert is only granted if the expert evidence is necessary to assist the court to resolve the proceedings justly (Children and Families Act 2014, s. 13(6)).
Children and Families Act 2014
The court must consider various factors when deciding whether to grant permission, including welfare of the children, issues the evidence relates to, available evidence, cost, and timetable impacts (Children and Families Act 2014, s. 13(7)).
Children and Families Act 2014
Expert evidence is unnecessary if the judge can form their own conclusions without help (R v Turner).
R v Turner [1975] QB 834
In care proceedings, the child's welfare is paramount (Children Act 1989, s. 1(1)).
Children Act 1989
The court must consider the realistic options for meeting the child's needs and determine the most proportionate option (Re G (A Child) [2014] 1 FLR 670).
Re G (A Child) [2014] 1 FLR 670
Outcomes
The application for permission to instruct an expert psychologist is dismissed.
The court finds that the existing evidence, particularly the ISW report, provides sufficient information to determine the proceedings justly. A psychological assessment is not necessary to clarify the origin of the mother's difficulties, the extent of her parenting deficits, or the required support. The ISW already identifies the primary support needs and the mother's current lack of capacity to change.