This interactive talk considers the role of the clinical expert in Family Law both for the legal professional and the client, the practicalities and procedure governing the selection of the clinical expert in private children proceedings and the role of the clinical expert in those proceedings.
2. • Lack of emotional/psychological support to manage own
psychological well being.
• Daily traumatic case load. Immersed in day to day vicarious
trauma
• Role calls for psychological skills – change, choice and loss
wrapped up in the end of a relationship.
• No obligation for family lawyers to receive clinical supervision.
• System is learning from seniors/ peers but support avoided due
to effect on time and costs (stress being perceived as
weakness).
• Over identification with client, win or lose, aggressive combat,
professional criticism and judgement.
FAMILY LAWYER SUPPORT
3. • ACAS states that stress/anxiety/ depression account for 40%
of workplace absenteeism.
• LawCare charitable confidential helpline.
• Opportunity for group talking listening and supervision support.
FAMILY LAWYER SUPPORT continued
4. • Counsellors /psychotherapist for clients
• Psychotherapist/psychiatrist to report - money and private
children
• Sole expert or Part 25 single joint expert
• One side proposes three names with costs, availability and CVs
the other side chooses one
• Joint letter of instruction
• Directories/barristers/internet
• Opportunity
SELECTING A CLINICAL
PROFESSIONAL
5. • Protecting children from harmful addictions
• Role of responsible adults
• Parental responsibility includes all those duties and
responsibilities which by law a parent has in relation to the
child
SUBSTANCE AND ALCOHOL MISUSE
IN PRIVATE CHILDREN CASES
6. • A parent who neither accepts nor recognises an addiction. The
options for the other parent are difficult
• Regulation of occupation of the family home
• Programmes of supported contact but who supports?
• Where is the contact to take place?
• Financial hardship
• Separation and/or divorce
SUBSTANCE AND ALCOHOL MISUSE
IN PRIVATE CHILDREN CASES continued
7. For a parent who accepts and recognises an addiction the options
are better:
• In-patient treatment
• Programmes of supported contact organised by agreement
• Separation or divorce put on hold
SUBSTANCE AND ALCOHOL MISUSE
IN PRIVATE CHILDREN CASES continued
8. No private health insurance and no financial resources
• Private detoxification and rehabilitation programmes are out of the
question.
• State funded schemes –GP/ Community Dependency Teams/AA/NA
• Delay and failure to engage.
We have private health insurance and substantial savings
• Private clinic/residential placement.
• Live in housekeeper/nanny.
• Rent a flat for the returning parent.
• ISW to supervise weekend and overnight contact.
SUBSTANCE AND ALCOHOL MISUSE
IN PRIVATE CHILDREN CASES continued
9. • The matter comes to the Court for the FHDRA (First Hearing
and Dispute Resolution Appointment)
• CAFCASS carries out safeguarding enquiries with
LA/Police/Parents/GP/School
• The preparation for the Court of a short form report
PRIVATE CHILDREN CASES
10. • The short form report is disclosed to the parties unless it would
create a risk of harm
• The Court will consider whether or not to commission a report
from CAFCASS or the Local Authority or if means, an
Independent Social Worker
• It may direct the investigation for the appropriateness of a care
or a supervision order to be made
• The role of the Local Authority
• Appointment of single joint experts
WHAT HAPPENS AT THE FHDRA
11. • After receipt of report, narrow the issues
• Encourage the parties to resolve the matter
• People who lack capacity/Inability to make decisions
• Symptoms of alcohol or a drug use are forms of incapacity.
• Is drunkenness incapacity?
• The presumption of capacity
• Doubts about capacity can and should be raised by the lawyers
for the person in question to the Court
• The Court is under a duty to investigate the issue whenever it
suspects that capacity may be lacking
DISPUTE RESOLUTION
APPOINTMENT
12. • The party who lacks capacity to conduct proceedings is
referred to as a protected party and a litigation friend must be
appointed to conduct the proceedings on his behalf
• Court of Protection Deputy or the Official Solicitor
• In drink and drug cases the Court of Protection is unlikely to be
appointed and a litigation friend is more likely who can fairly
and competently conduct proceedings on their behalf
DISPUTE RESOLUTION
APPOINTMENT continued
13. • A review for testing of substance misuse
• Difficulties
• Single Joint Expert Report
• Difficulties
• The importance of fact finding in alleged substance misuse
cases
• Questions asked of the Expert
• Points in agreement and in dispute
DISPUTE RESOLUTION
APPOINTMENT continued
14. • Final hearing of matter
• Expert evidence and the Judge’s discretion
• Caution, incremental building and review
15. FOR FURTHER INFORMATION
t 020 3319 3700
w www.keystonelaw.co.uk
Richard Collins
Consultant Solicitor
m 07739 367 233
e richard.collins@keystonelaw.co.uk
