Psychiatric Assessments in Care Proceedings

You may be working with social services. They might ask you to take a psychiatric assessment. This guide explains what a psychiatric assessment is.

This is part 3 of 3 guides. The other guides talk about two other assessments you might be asked to take part in too. They are the cognitive and capacity assessment and the psychological assessment.

What Assessments Might Happen

In care proceedings, professionals might do up to 3 types of assessment. This is to understand a parent’s needs, mental wellbeing and abilities.

• Cognitive and capacity assessment. This checks how you take in information and if you can understand the legal process.
• Psychological assessment. This checks your feelings and mental health.
• Psychiatric assessment. This is done by a doctor. It checks if you have a mental illness and what treatment might help.

This guide is about the psychiatric assessment.

What is a Psychiatric Assessment?

A psychiatric assessment is done by a psychiatrist. A psychiatrist is a medical doctor. They are trained in mental health.

A psychiatrist looks at your mental health in two ways.

• The medical way. This means things like your physical health and any medication.
• The psychological way. This means your thoughts, feelings and behaviour.

The assessment helps the judge, social workers and your solicitor understand:

• How any health conditions might affect your daily life.
• What medical help or therapy might benefit you.

A judge has to agree the assessment is needed before it can happen. Under section 13 of the Children and Families Act 2014, the court can only allow an expert assessment if it is necessary to help the court resolve the case justly. In practice this means there has to be a specific medical history or a real risk that needs a doctor’s opinion, not just a general worry. The application itself is made under Part 25 of the Family Procedure Rules.

Why Does the Court Carry Out a Psychiatric Assessment?

Judges make big decisions about a child’s future. They rely on expert opinions to make sure these decisions are safe and fair. A psychiatric assessment helps them understand:

• Medical and mental health conditions. For example, if you have depression or anxiety that needs treatment.

• Health factors. For example, how your physical health, lifestyle or medical history might affect your mood, stress or energy.

• Treatment options. For example, whether medication or therapy could help you.

What Happens in the Psychiatric Assessment?

There are 3 main steps.

1. A meeting with the psychiatrist. This is called a clinical interview. They will ask about any symptoms you have now. They will ask how long you have had them. They will ask about your medical history and your background. They will ask how these things affect your daily life, your sleep, and your wellbeing.

2. A look at your records. The psychiatrist will look at your past medical records. They will look at reports from your GP. This helps them get a full picture of your health.

3. A medical report. After the meeting and the records check, the psychiatrist writes a report. The report explains what they found. It may include a diagnosis. It may suggest treatment, medication, or therapy.

Who Sees the Psychiatric Assessment Report?

The report is not private in the way a GP appointment is. It is written for the court, not for you.

Once it is finished it goes to the judge and to everyone who is a party to the case. That usually means the local authority, the children’s guardian, and the other parent if they are involved, along with their solicitors. You will get a copy too, and your solicitor will go through it with you.

It does not go any further than that. Documents in care proceedings are confidential and cannot be shared outside the case without the court’s permission.

Do I Have to Take Part in a Psychiatric Assessment?

No one can force you to attend. You can say no.

Refusing does have consequences you should think about first. The judge can take your refusal into account when deciding the case. It also means the court makes its decision without the fuller picture an assessment would have given, and you lose the chance to explain your situation to an independent expert.

If you are worried about the assessment, tell your solicitor rather than simply not going. There may be a way to deal with what is concerning you, such as changing where or when it happens.

When Does a Psychiatric Assessment Happen?

A psychiatric assessment is different from the other two assessments. It is usually only ordered when there is a clear medical reason, such as a complicated health history or a high level of risk.

This usually happens early or in the middle of the court process. The court wants it finished before the final hearing, so there is time to plan how to support you.

The whole process often takes several weeks. This depends on how complex your case is and how much medical history needs to be checked.

Care proceedings are meant to finish within 26 weeks under section 32 of the Children Act 1989. A judge can extend that where it is necessary, but the timetable is tight by design. That is why assessments are often arranged quickly and why the court will push for the report by a set date.

Who Pays for the Psychiatric Assessment?

You are not usually asked to pay for this yourself.

The cost of an expert is normally split between the parties in the case, and the court decides how it is shared. If you qualify for legal aid, your share is covered by it. Legal aid for parents in care proceedings is often available regardless of income, so it is worth checking even if you have been turned down for legal aid before.

Your solicitor sorts this out before the assessment is booked. If you are unsure who is paying, ask.

What If I Do Not Agree With the Psychiatric Assessment Report?

You do not have to accept a report if you think it is wrong or incomplete.

• Tell your solicitor straight away if something does not look right. Be specific about what you disagree with.
• Your solicitor can put written questions to the psychiatrist. This is done through the court under Part 25 of the Family Procedure Rules, and there is a short time limit for it once the report has been sent out, so raise it quickly.
• The psychiatrist’s answers become part of the evidence, in the same way the report does.
• Anything you disagree with can also be raised at the next hearing.
• Asking for a second expert is possible but rare. The court has to give permission, and the same necessity test applies, so a second assessment is unlikely to be allowed just because you are unhappy with the first one.

The psychiatrist can also be asked to attend the final hearing and answer questions in person, though this does not happen in every case.

Will the Court Make This Easier for Me If I Need Help?

You may be treated as disabled under the Equality Act 2010 if a mental or physical health condition has a substantial and long term effect on your day to day life. This does not depend on the psychiatric assessment. If you meet that test you are covered whether an assessment happens or not.

Not every mental health diagnosis counts as a disability under the Act. It depends on how much the condition affects you and for how long. If you think it applies to you, tell your solicitor.

Where it does apply, the court and social services cannot discriminate against you. Section 20 of the Equality Act 2010 also means reasonable adjustments must be made so you can take part properly.

For parents attending remotely, adjustments may be made such as:

• An online break-out room. There may be a separate virtual space where the parent can speak with any interpreter or supporter.

• Ensuring good IT support before the meeting.

• Some in-person support, such as an advocate or intermediary. An intermediary is a person whose function is to communicate questions, communicate answers back to any person asking, and explain questions or answers so they can be fully understood.

Need Help With Family Court?

A psychiatric assessment can feel scary. You do not have to go through it alone.

Contact our family law solicitors today. We can explain what to expect. We can support you through every step of the process.

Frequently Asked Questions About Psychiatric Assessments

Do I need to bring anything with me, like my prescription medications or medical records?

Generally, you do not need to bring your physical medical records, but it can be very helpful to bring a list of your current prescription medications and any key health details.

If you are ever unsure about what to bring to a court-ordered assessment, check with your family law solicitor beforehand so they can confirm the specific instructions provided by the appointed expert.

How much weight does the judge place on the psychiatrist’s report compared to what social services say?

The judge reads both and decides what weight to give each one. A psychiatrist’s report is expert evidence, not a decision. The judge is not bound to follow it, and the same goes for what social services say. The court looks at everything together and the final decision is the judge’s. In care proceedings that decision is based on what is best for the child.

How do I request reasonable adjustments for my court hearings?

You can request reasonable adjustments by phone, in person or in writing. You should try to explain how your disability affects you and give information about the support you need. This will help staff or the judge to consider what reasonable adjustments can be provided to help you.

Legal Disclaimer

All advice is correct at time of publication.

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