President of the Family Division, Sir Andrew McFarlane, has recommended that expert witness psychologists should only be used as experts in family court cases if they are registered with a relevant statutory body. Welcoming the news, Chair of the British Psychological Society’s Expert Witness Advisory Group, Dr Andy Siddaway said:
We welcome this guidance as there have been growing concerns about the instruction of expert witnesses who are not suitably qualified for the role. The current system allows courts to instruct individuals who are not subject to professional regulation, which means there is no clear route for parties to raise concerns about an expert’s conduct or competence.
At present, it is possible for individuals with no recognised qualifications to offer services under self-described titles such as ‘forensic assessor’, with little assurance of competence or accountability. While all experts are required to assist the court by clearly setting out their expertise in each case (typically via a CV), anyone who claims to offer psychological services can currently do so.
The BPS has recently launched its Register of Expert Witnesses, which provides courts and legal professionals with a straightforward way to identify psychologists who are competent and accountable to conduct medico-legal assessments. Importantly, the Register includes expert witness psychologists working across the full range of legal settings, not only family court cases. It is intended to become the go-to directory of regulated psychologists available to provide expert evidence.
Commenting on the launch of the new Register, Dr Siddaway added:
Our Register of Expert Witnesses promotes suitably qualified psychologists to the courts, helping to ensure the availability of appropriate psychological expertise in legal proceedings.
Psychologists registered with the Health and Care Professions Council (HCPC) undergo extensive training, supervised practice, and ongoing continuing professional development. This is essential given the significant impact their professional opinions and recommendations can have in court. In light of this new guidance, we encourage courts to use the BPS Register to ensure that properly qualified, trained and experienced psychologists are instructed as expert witnesses. We encourage all eligible expert witness psychologists to join the Register.
Judge McFarlane also indicated that chartered status with the BPS could be used as an alternative to registration with the HCPC. The BPS is not the statutory regulator of psychologists. It is the Society’s position that all chartered psychologists acting as expert witnesses should also be registered with the HCPC.
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