In the matter of H (Children)

Permission to Appeal application lodged

Case summary
Permission to Appeal
Previous proceedings

Case summary

Case ID

UKSC/2026/0071

Parties

Appellant(s)

Respondent(s)

LCC

The Children

Issue

Where a psychologist is giving expert evidence in family proceedings, should the limits of their expertise be determined by the regulatory framework standard or by a judge?

Facts

This appeal relates to the limits of an expert’s expertise when giving evidence to the court in family proceedings. The underlying proceedings concern three children who were placed in foster care. At the outset of proceedings in February 2022, the Family Court approved the instruction of an expert to provide a psychological assessment of the family. He carried out interviews in May 2022, reported in June 2022, and gave evidence at the final hearing in March 2023. When accepting instructions, the expert disclosed that he was facing a tribunal hearing following a complaint to the Health and Care Professions Council (“HCPC”) initiated by a parent in another family matter. This disclosure was not brought to the attention of the parents or the court. The complaint, which arose in unrelated proceedings, alleged that the expert had accepted instructions under an order that had referred to him as a “clinical psychologist” and that he had conducted a clinical psychological assessment and psychometric testing of the parent when he was not registered and/or qualified to do so. The complaint was upheld by the HCPC in October 2023, after which the expert decided that he would not undertake further work as an expert witness. In April 2024, the HCPC found that the proven allegations amounted to misconduct and suspended him for six months. In May 2024 the mother in the present case, M, complained to the HCPC that the expert had not been qualified to assess her, and that his opinions had resulted in the care orders being made. In September 2025, she applied to the Court of Appeal for permission to appeal. The Court of Appeal dismissed M’s appeal, concluding that a party who seeks to bring a challenge of this kind in children proceedings should normally do so by application to the Family Court rather than by seeking to appeal. M appeals to the Supreme Court.