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Layout 2 - University of Central Lancashire

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Research defines new<br />

standards for expert witnesses<br />

Pioneering analysis evaluates psychological expert witnesses<br />

and quality <strong>of</strong> their reports in the family courts.<br />

The quality <strong>of</strong> psychological experts and their<br />

reports, presented at family court proceedings in<br />

the UK, show notable inconsistencies according<br />

to ground-breaking research carried out by<br />

Pr<strong>of</strong>essor Jane Ireland and her research team<br />

based within UCLan’s School <strong>of</strong> Psychology.<br />

Evaluating Expert Witness Psychological Reports:<br />

Exploring Quality, was part-funded by the Family<br />

Justice Council as part <strong>of</strong> its commitment to<br />

expert witness work and the continued review <strong>of</strong><br />

standards across all expert witnesses.<br />

Results <strong>of</strong> the study, the first systematic quality<br />

evaluation <strong>of</strong> expert evidence <strong>of</strong> this nature,<br />

indicate wide variability in report quality.<br />

The study examined 126 expert psychological<br />

reports submitted in family court proceedings from<br />

180 court bundles across three UK courts. Court<br />

proceedings took place between 2009 and 2011<br />

and covered both adult and child assessments.<br />

Using four experts (three forensic psychologists<br />

and one clinical psychologist), the study evaluated<br />

the quality <strong>of</strong> court reports using criteria relating<br />

to the stated qualifications <strong>of</strong> the psychologists<br />

providing expert reports and applying a<br />

framework <strong>of</strong> quality measures drawn from<br />

established criteria.<br />

Key findings from Pr<strong>of</strong>essor Ireland’s analysis<br />

exposed a wide variability in report quality with<br />

two-thirds <strong>of</strong> the reports reviewed being rated as<br />

‘below the expected standard’, with one-third<br />

between ‘good or excellent’.<br />

Evaluated on the basis <strong>of</strong> their submitted<br />

curriculum vitae, 20 percent <strong>of</strong> instructed<br />

psychologists were inadequately qualified for<br />

the role while 90 percent maintained no clinical<br />

practice external to the provision <strong>of</strong> expert<br />

witness work.<br />

The reports rated as ‘very poor’ or ‘poor’ were<br />

characterised by a number <strong>of</strong> factors including:<br />

use <strong>of</strong> graduate or assistant psychologists to<br />

compile case background and in some cases to<br />

interview parents, overuse <strong>of</strong> psychometrics and<br />

absence <strong>of</strong> support for opinion, while some made<br />

uninformed psychological statements.<br />

Pr<strong>of</strong>essor Ireland, a Chartered and Forensic<br />

Psychologist, said: “The crucial decisions made<br />

by family courts on issues such as the custody <strong>of</strong><br />

children, domestic violence and sexual violence<br />

have life-changing consequences.<br />

“The reports produced by psychological experts<br />

can play an influential role in a judge’s final<br />

decision and yet, until now, research to assess the<br />

quality <strong>of</strong> these reports has not been conducted.<br />

“Although there are some unavoidable limitations<br />

in a study <strong>of</strong> this nature, such as sample size,<br />

we were concerned about the limited stated<br />

qualifications and current clinical experience <strong>of</strong><br />

some <strong>of</strong> the experts commissioned to provide<br />

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