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Psychological and psychiatric assessments in family proceedings
Helping you find the right expert
Family court cases are often complicated and emotional. Sometimes, the court needs help from psychological or psychiatric experts to better understand a family’s situation. Knowing which expert to choose and how to ask the right questions can make a big difference.
See moreWe want children, families, and professionals to all benefit from clear, useful reports – not reports full of jargon that restate what is already known.
Therefore, we’ve put together this page to help you:
- Understand when and how to instruct the right kind of expert.
- Know what to ask them.
- Understand what a good assessment should look like.
What is a psychological assessment
and why is it important?
A psychological assessment helps the court understand:
- Why someone behaves in a certain way, and whether they have any psychological or psychiatric conditions.
- How experiences (like trauma or neglect) may have affected them and/or the child in their care.
- Whether the parent can safely look after and nurture a child in future.
- The child’s development, attachment and resilience.
- What a child needs to feel safe and thrive.
- What support or changes might help.
It brings together:
- The person’s history and life story.
- Observations and interviews.
- Questionnaires or tests (known as psychometrics).
- Clinical knowledge and psychological theory.
What’s the difference between a psychologist and a psychiatrist?
Both psychologists and psychiatrists are trained to understand mental health—but they do it in different ways:
Psychiatrists
- Are medically trained doctors.
- Diagnose and treat mental illnesses, often using medication.
- Are essential if medication or medical treatment is a key issue.
Psychologists
- Are experts in human behaviour, emotions, development and relationships.
- Use interviews, tests, and observations to assess people.
- Help deliver and interpret psychometric tests, provide therapy, and create psychological profiles.
- Don’t prescribe medication.
Which should you choose?
It depends on the question you’re asking. If it’s about medical treatment or severe mental illness, choose a psychiatrist. If you want a deeper understanding of behaviour, parenting, or trauma, choose a psychologist. You can also ask an assessment provider to recommend the most suitable professional for the case.
In many cases, the best idea is to outline your issues and questions and ask a provider to recommend clinicians based on experience and qualifications. At MCTS, we can do this for you. For CVs of suitable experts, timelines, and a quotation, email expert.referrals@mcts.org.uk
Diagnosis vs formulation: what's the difference?
A good assessment often includes both:
-
Diagnosis gives a label to a condition (like depression or PTSD) based on medical criteria (e.g. standard manuals like the DSM or ICD.) Diagnosis can be helpful for accessing services
and communicating needs. -
Formulation explains why someone is struggling, based on their history, environment, strengths, and experiences—and what might help.
Psychiatrists tend to focus more on diagnosis, while psychologists are trained in formulation. Both are important, depending on the needs of the case.
Asking the right questions in a letter of instruction
To get the best from an expert, the letter of instruction (LOI) needs to be clear and specific. Avoid using generic templates. Instead, ask questions that reflect the real issues in the case. For example instead of asking “is the parent misusing drugs?”, try asking “how does the parent understand the effect of their drug use on their child’s wellbeing and development?” Instead of “Has the child been affected by domestic abuse?” try asking “What are the child’s experiences of caring for younger siblings during episodes of domestic violence?”
Helpful tips:
- Focus on what the court needs to decide.
- Avoid asking the same question in different ways.
- Define key terms like “attachment” or “risk”.
- Share and discuss draft questions with other parties.
- Ask to see CVs before choosing an expert.
What makes a good assessment report?
A useful psychological or psychiatric report should:
- Tell a clear story, based on the person’s lived experience.
- Explain how the assessment was done and why certain tools were used.
- Include psychometric data (where appropriate) and explain what the results mean.
- Draw on theory, evidence, and clinical experience.
- Offer a meaningful formulation that connects history, behaviour, and functioning.
- Offer clear, realistic recommendations based on the person’s needs.
Reports may also include information from:
- Schools
- Foster carers
- Social workers
- Other professionals
This helps create a fuller picture and gives the court a better understanding of the situation.
Recommendations should be realistic
Experts should suggest support or interventions that actually exist in the family’s local area. They need to:
- Check local services.
- Be honest about what’s available.
- Offer practical, achievable ideas—even if it means thinking creatively (like online support or community groups).
This ensures the court and professionals can act on the report.
Putting the family first
Finally—and crucially—remember that at the heart of every assessment is a person, or often, a family in crisis. Being assessed can feel stressful, especially for parents who are already under significant pressure. Experts should be sensitive to this, communicating clearly and with compassion.
Experts must:
- Provide clear, jargon-free summaries.
- Make sure parents understand the findings, especially if they have learning difficulties.
- Highlight support needs in a practical and respectful way.
- Avoid re-traumatising children through the process.
Our brief involvement can have lifelong consequences for families. Therefore, it is vital that our assessments are not only thorough and evidence-based but also compassionate and supportive of those involved.
About the MCTS Expert Witness Network
Midhurst Clinical Therapeutic Services (MCTS) is a social enterprise offering therapeutic and mental health services for children, families, and professionals. We are proud to be trauma-informed, ethical, and focused on purpose, not profit.
Our Expert Witness Network includes:
- Psychologists and psychiatrists
- Speech and language therapists
- Occupational therapists
- Nurses and other mental health professionals
We provide high-quality, court-ready assessments across family, civil, and criminal proceedings.
Need an expert?
Email expert.referrals@mcts.org.uk for CVs of suitable experts, timelines, and a quotation, or browse our Expert Witness Directory
About Dr Hodgetts
This information has been put together by Dr Hodgetts, a Clinical Psychologist with 20 years’ experience in children’s services, family courts, and specialist mental health settings. She regularly provides expert witness assessments in public and private law proceedings, with particular expertise in attachment, trauma, and family dynamics. Dr Hodgetts is passionate about ensuring that psychological assessments are accessible, evidence-based, and focused on the child's needs.
