Assessments Within Care Proceedings

West Northamptonshire Council v The Mother (Psychological Assessment) [2024] EWHC 395 (Fam)

In the case of West Northamptonshire Council v The Mother (Psychological Assessment) [2024] EWHC 395 (Fam) key lessons emerged about when to seek cognitive assessments within care proceedings. In the case, a premature baby was born in December 2023. Initially, the plan was to remove the child from the mother. By January 2024, this changed to a mother and baby placement. The mother’s legal team requested a cognitive assessment for her despite not meeting her. There was no evidence suggesting the mother needed this assessment. Right before the hearing, the mother’s legal team tried to withdraw the request. Mrs. Justice Lieven refused the withdrawal and made a judgment. In her judgment, Mrs. Justice Lieven noted that there was minimal evidence in support of the application that showed that it was necessary, she observed that the late application to withdraw indicated that the application should never have been made. She denied the cognitive assessment, saying it wasn’t necessary. Mrs. Justice Lieven emphasised using the Advocates Gateway before requesting additional assessments. A cognitive assessment should not be sought.

The key takeaways from this case are: 

1. There should be proper evidence for such an assessment to be necessary. Applications for cognitive assessments need justification beyond common parental challenges. 
2. Mrs. Justice Lieven’s emphasis on using the Advocates Gateway before requesting additional assessments highlights the importance of utilising existing resources effectively. 
3. Courts will critically examine not just the content of applications, but also the process and timing of how they are made and potentially withdrawn. 
4. Cognitive assessments should only be sought when necessary and when the need for an assessment can be clearly demonstrated to the court. 
5. Mrs. Justice Lieven’s refusal to allow the withdrawal of the application demonstrates the court’s power to scrutinise actions even when parties attempt to backtrack.

(The advocates gateway toolkit may be found at: Toolkits | Advocate’s Gateway (theadvocatesgateway.org))