Psychological Assessments

The Children Act 1989, Section 11A Contact activity directions states:


 * (6) No individual may be required by a contact activity direction—
 * (a) to undergo medical or psychiatric examination, assessment or treatment;
 * (b) to take part in mediation.

So the court does not have the authority to order a psychological assessment if you don't agree. However the Judge might think you're hiding something if you refuse and this may delay your case.

The Family Procedure Rules Part 25 governs expert witnesses in the Family Court. This starts with:

Duty to restrict expert evidence

 * 25.1. Expert evidence will be restricted to that which is reasonably required to resolve the proceedings.

It is important to define the correct instruction to the Psychologist. If you are not happy with the instruction you should object before the court orders the assessment.

In Addition:

Court’s power to restrict expert evidence

 * 25.4.—(1) No party may call an expert or put in evidence an expert’s report without the court’s permission.


 * (4) The court may limit the amount of a party’s expert’s fees and expenses that may be recovered from any other party.

Section 25.6 allows for parties to put written questions to an expert within 10 days of the report being served. This should be used to clarify the research which is relied upon for any opinions or recommendations given in the report.

Once the report has been served you should also request any information held by the Psychologist such as notes, psychometric test scores and interpretations of the psychometric tests. This you have a right to this information under the data protection act and you can obtain it within 40 days of making a Subject Access Request.

Section 25.8 states that:
 * (6)Unless the court directs otherwise, the relevant parties are jointly and severally liable for the payment of the expert’s fees and expenses.

This means that unless the court directs otherwise you are liable for half the cost of the assessment. This will usually range from £1,000 to £10,000 so beware. You may well refuse to be assessed unless the other party pays all costs.

Quality of Reports
Recent research commissioned by the Family Justice Council showed the majority of Psychological Assessment reports to be of "poor" or "very poor" quality. This research was conducted by a team led by Professor Jane L. Ireland of the University of Central Lancashire and was published here. You should use this to check the quality of your report and challenge it if you're not happy.