A and B (children: expert’s reports), Re
[2024] EWHC 948 (Fam)
PP v JP & Ors
2 July 2024
[2024] EWHC 1697 (Fam)
High Court
A judge decided where two kids should live and go to school. A higher court disagreed, saying the judge didn't properly consider the expert's opinion. Now, the case will be looked at again because of how the judge handled the expert's report.
Key Facts
- •Appeal against a Family Court order regarding child arrangements and education.
- •Two children, B (14) and T (nearly 13), involved.
- •Parents separated in 2018, ongoing divorce and financial proceedings.
- •Children home-schooled since 2017, minimal mainstream schooling.
- •Father initiated proceedings for children to live with him and attend mainstream school.
- •Expert psychologist (Dr. Matthews) and Guardian supported father's case.
- •Mother opposed, suggesting B live with father but T remain with her.
- •Mother conceded to ending homeschooling before the hearing.
- •Judge discounted expert's report and Guardian's evidence.
- •Appeal concerned the judge's assessment of Dr. Matthews' report and the Guardian's evidence.
Legal Principles
An appellate court will interfere with a trial judge's decision only if the judge exceeded their discretion, reached a plainly wrong conclusion, considered irrelevant matters, or failed to consider material matters.
Court of Appeal precedent (implied)
Expert evidence, including that of a child psychologist, should be given appropriate weight based on the assessment itself, not solely the underlying factual matrix.
This case's judgment
Outcomes
Appeal allowed.
The judge wrongly discounted the expert psychologist's report and the Guardian's evidence for flawed reasons. The court's approach to Dr. Matthews' assessment was flawed, giving insufficient weight to the assessment itself and focusing too much on underlying factual basis.
Matter to be reconsidered.
The judge's treatment of Dr. Matthews' and the Guardian's evidence was unfair and did not give them proper weight. While it is not certain the outcome would change, the possibility necessitates reconsideration.