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What psychologists wish family lawyers understood about psychological assessment

In my work as a forensic psychologist and expert assessor, I conduct psychological assessments for family and criminal proceedings. One issue I consider particularly important is how clearly the questions being asked of an assessment are defined. Psychological assessment can help clarify complex situations, but its value really depends on understanding what needs to be explored, why it matters and what conclusions can reasonably be drawn.

When a case involves difficult behaviour, conflicting accounts or concerns about parenting, there may be a desire to obtain a broad psychological profile. However, more information does not necessarily equal greater clarity. The starting point should be the issue that needs to be understood.

Start with the instruction question

An instruction may describe concerning behaviour, relationship difficulties or disputed events in considerable detail, yet the purpose of the assessment may be unclear.

A useful instruction identifies the specific uncertainty that needs exploring. Is there a question about an individual’s psychological functioning? Do particular difficulties affect their parenting? Are there factors that may help explain the behaviour?

A clearly defined instruction question helps me determine the assessment’s scope, the information required and the methods that may be appropriate. Without a clear question, an assessment may produce considerable information without addressing or resolving the uncertainty that prompted the instruction.

Behaviour needs to be understood in context

In family proceedings, behaviour can understandably become a central focus. A parent’s responses, interactions with others or apparent inconsistencies may raise important concerns.

However, behaviour does not always explain itself. Psychological functioning, developmental experiences, relationships and environmental pressures may influence someone’s cognitive processes, emotions and responses. My work involves considering all these factors alongside the information available, rather than interpreting behaviour in isolation.

For example, a parent’s apparent inconsistency in responding to a child’s needs might raise questions about their capacity to provide reliable care. Exploring the circumstances in which those difficulties arise, alongside the parent’s history and psychological functioning, may help clarify the factors involved. While this would not resolve concerns about the child’s welfare in itself, but it could help distinguish between the behaviour observed and the possible explanations for it.

Exploring alternatives does not mean excusing behaviour or minimising its impact. It means examining the evidence carefully rather than settling prematurely on one interpretation.

The importance of personal history

An individual’s developmental and personal history may provide context that is not immediately apparent from their current presentation. Earlier experiences, relationship patterns and previous difficulties can be relevant to understanding present functioning.

However, history must be evaluated alongside current information and other available evidence. A reported experience should not automatically be treated as independently verified, and past difficulties do not necessarily or automatically explain present behaviour.

Similarly, a diagnosis is not a complete explanation of a person. It may clarify aspects of their functioning, but it does not establish how those characteristics affect parenting, relationships or the specific issues before the court. The question is whether this information helps explain the matter being examined and what evidence supports that interpretation.

What an assessment can and cannot establish

An assessment may provide an informed opinion about psychological functioning, explore factors relevant to behaviour and identify difficulties or support needs. However, it cannot automatically determine whether a disputed allegation is true, guarantee future behaviour or resolve every question before the court.

Where accounts differ or information is incomplete, these limitations should be made clear. A sound psychological opinion must reflect the available evidence rather than claim greater certainty than the assessment supports.

Independence is central to my role as an expert assessor. The purpose is not to confirm the position of the party instructing me, but to provide an objective opinion within my expertise and the agreed scope of the work.

A useful report should explain the reasoning behind its conclusions, the information considered and any significant limitations. This helps the reader evaluate the opinion rather than relying solely on its conclusions.

Making assessment useful in practice

Before commissioning an assessment, solicitors should identify what remains unclear, why that uncertainty matters to the proceedings and whether psychological assessment is an appropriate way to explore it. Relevant background information should be provided, and questions should be sufficiently focused to guide the work without predetermining its outcome.

An assessment may clarify some issues while leaving others unresolved. That does not necessarily mean it has failed. An opinion that identifies what can be established, what remains uncertain and why may be more useful than a definitive-sounding conclusion that goes beyond the evidence.

Ultimately, psychological assessment is not simply about identifying a diagnosis or gathering as much information as possible. Its purpose is to clarify relevant questions about an individual’s functioning and circumstances.

For family lawyers, the most important step may come before the assessment begins: being clear about what needs to be understood, why it matters and what an expert can realistically contribute. A well-framed question provides the foundation for an assessment that is focused, proportionate and useful to the proceedings.

 


 

About the author

Dr. Gabrielle Gregory is a forensic psychologist with over 20 years’ experience in psychological assessment and intervention. Chartered with the British Psychological Society since 2008, she has worked across the prison service, mental health and private practice. Since 2010, she has specialised in comprehensive, evidence-based psychological assessments, providing reports trusted in family and criminal proceedings. Her expertise includes offending behaviour, cognitive functioning, personality disorders, family dynamics, domestic violence and attachment.

 


 

The views expressed in this article are those of the author and not necessarily those of Today’s Family Lawyer.

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