A Local Authority v L & Ors [2023] EWFC 7 (23 January 2023)

A Local Authority v L & Ors [2023] EWFC 7 (23 January 2023)

An expert psychological assessment of the mother is not necessary for the court to determine the proceedings justly because the court already has comprehensive evidence, particularly from the ISW, addressing the mother's difficulties, parenting deficits, and required support. The ISW's recommendation for psychological assessment is aimed at further informing therapeutic options, not filling evidential gaps essential for the court's decision. The statutory test of necessity is not met.

Citation
[2023] EWFC 7
Parties
Applicant: A Local Authority; First Respondent: L; Second Respondent: C; Third Respondent: N (A Child by his Children's Guardian)
Jurisdiction
England and Wales
Judgment Date
23 January 2023
Procedural Posture
Care Proceedings Under Part IV Children Act 1989 / Application for Permission to Instruct Expert Psychologist
Outcome
Application dismissed
Legal Topics
Expert Evidence, Care Proceedings, Threshold Criteria, Children Act 1989, Children and Families Act 2014, Necessity Test for Expert Evidence
Family Law Child Protection Expert Evidence Care Proceedings Threshold Criteria Children Act 1989 Children and Families Act 2014 Necessity Test for Expert Evidence

Case Brief

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Parties

A Local Authority

Applicant

L

First Respondent

C

Second Respondent

N (A Child by his Children's Guardian)

Third Respondent

Procedural Posture

Care Proceedings Under Part IV Children Act 1989 / Application for Permission to Instruct Expert Psychologist

Legal Issues

  1. 1 Whether a psychological assessment of the mother is necessary to resolve the proceedings justly under s.13(6) Children and Families Act 2014

Ratio Decidendi

An expert psychological assessment of the mother is not necessary for the court to determine the proceedings justly because the court already has comprehensive evidence, particularly from the ISW, addressing the mother's difficulties, parenting deficits, and required support. The ISW's recommendation for psychological assessment is aimed at further informing therapeutic options, not filling evidential gaps essential for the court's decision. The statutory test of necessity is not met.

Court Disposition

Application dismissed

Orders

  • Application for permission to instruct an expert psychologist to assess the mother is refused.