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Court Allows Female Expert for Abuse Victim in Family Case
Many of our family clients are highly vulnerable, and sensitivity is needed in how we manage their needs and achieve the desired outcomes. This includes thinking carefully about the involvement of third parties during the case.
It is encouraging that a judge has allowed a female expert psychologist to be appointed instead of a male expert in circumstances where the mother was a victim of sexual abuse. The family team at Osbornes Law have years of experience supporting individuals and families where domestic violence and other abusive behaviours is involved.
In this case [Re: A (A Child: Appeal: Case Management Decision: Identity of Expert) [2024] EWHC 1669 (Fam)], concerns arose around the fact that the court-approved expert psychologist was male.
Female expert
The issue arose in the course of long-running private children proceedings involving the parties’ 12-year-old son. The father (F) was seeking a child arrangement order. M applied for a non-molestation order having made allegations of domestic violence and coercion against F (he denied the allegations).
The judge had given permission for an expert to undertake a global psychological assessment of the son and both parents. The expert was male, however M was evidently traumatised by a history of male violence and wanted a female expert to undertake the assessment.
She unsuccessfully applied for the appointment of the expert to be varied or discharged. M appealed that decision, arguing that the judge was wrong to order that expert to carry out the assessment – she would feel traumatised during and after an assessment with a male psychologist.
M told the court she had suffered male violence in the past, including rape and sexual abuse. Her ability to offer her ‘best evidence’ was therefore at risk. Furthermore, her psychotherapist is female, and she only ever received mental health support from females because she was a victim of male violence.
Such was her trauma and distress that she told the judge she felt unable to fully explain in detail why she did not want to see a male psychologist. The appeal judge allowed her appeal and concluded:
- The trial judge ought to have known M was making allegations of domestic abuse against F
- M’s objection to a male psychologist was raised at “the eleventh hour”, but the judge engaged with her argument only superficially, at best. M had given good reasons for a female psychologist to be used.
- The best possible assessment evidence would be obtained by appointing a female psychologist to undertake the assessment
‘Best’ evidence
In addition to coming to a wrong decision, the trial judge had also failed to identify M as vulnerable under the Domestic Abuse Act 2021; and as a complainant of domestic abuse under the Family Procedure Rules (Part 3A).
These rules require the court to consider whether the quality of an individual’s evidence is “likely to be diminished by reason of vulnerability”. If so, participation directions should be implemented. The judge had failed to do so – that that was a breach of natural justice.
The judge reiterate the principle that the court’s only concern in family proceedings is to get at the truth – this procedure is intended to facilitate this.
What does this mean?
The decision is not only a relief for vulnerable parties who are the victims of abuse, it is also a sensible and proportionate outcome that should have been reached before an appeal became necessary.
How Can We Help?
We know that the way we support clients can profoundly impact their wellbeing and the final outcome of their case. For advice and support from experienced family solicitors, contact Maria Kitsiou, Partner and Head of Domestic Children, or contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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Stephanie Prior is noted for her huge experience and intricate understanding of sexual abuse claims, and works closely with the NAPAC.
Osbornes is a hugely impressive firm that offers strength and depth to its clients.
Bridget Thompson handles child inclusive mediations.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Simone McGrath has an incredible knowledge of international cases. She has been involved in many leading cases and is a go-to lawyer in the field.
The family law team at Osbornes is one of the strongest in London.
Maria Kitsiou heads up the domestic children offering.
Lauren Hall leads the international children team.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
The team is experienced in handling matters where there are allegations of abuse and non-accidental injury, as well as situations where children's welfare is at risk due to parents' substance misuse or mental health issues.
The lawyers at Osbornes are very well established and have a lot of experience between them, which gives them a lot of confidence and a willingness to think out of the box.
Their client care is really impressive and they have such breadth of experience
In a long standing issue with my ex and our child, Lisa and her team have always given me advice that has been first class. Lisa has a deep knowledge of how the courts work and which arguments will work and which will not and will advice exactly what to do and when.
My solicitor Jon Jonas came across as a genuine, very skilled solicitor who demonstrated great insights and experience in complex child arrangement cases. He has been able to create and implement an effective strategy to deal with extremely toxic matters.
Bridget Thompson is a public law specialist noted for her extensive children public law practice.
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Simone McGrath – Exceptional knowledge of international children matters, particularly 1980 Hague Convention cases. Fights hard for her clients.
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Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
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Bridget Thompson heads the family team, where client care is the top priority.
Simone McGrath is a highly knowledgeable practitioner with a focus on international child abduction matters. She has a large expertise in public and private law.
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
This team is perhaps best known for its children work, often involving complex international dynamics.
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