In medico-legal cases involving historical abuse, particularly where educational detriment is claimed – the question of which expert to instruct is more than just procedural. A recent case (IMX v L [2024] EWHC 2183 (KB)) has made this abundantly clear: when academic loss is central to the claim, courts need more than psychiatric diagnosis, they need educational expertise.
In this case, the instructed Consultant Psychiatrist was asked to comment on the Claimant’s likely academic achievements had the abuse not occurred. The court firmly rejected this, stating the psychiatrist lacked the educational training to give such an opinion, particularly without documentation to support claims about future academic potential. This has led legal professionals to re-evaluate who is best placed to assess educational loss.
Why Educational Psychologists Are the Right Experts
Educational Psychologists are trained to understand how cognitive, emotional, and environmental factors interact to impact learning. In abuse litigation, they can assess whether and how trauma may have disrupted a child’s educational journey – from school engagement to academic performance and long-term outcomes. Their evaluations include:
Cognitive testing in the context of learning environments
Review of school records and support systems
Commentary on whether academic outcomes would have differed absent the abuse
Their insights are functional, developmentally informed, and rooted in educational systems – precisely what courts need when academic harm is being assessed.
How They Differ from Paediatric Neuropsychologists and Neuropsychiatrists
While Educational Psychologists are often best placed to evaluate educational harm, there is frequent confusion between their role and that of other child-focused experts.
Paediatric Neuropsychologists assess the relationship between brain function and behaviour in children, often following injury or in cases of neurodevelopmental disorders. While they can evaluate cognitive deficits, their scope does not include educational systems or predicting academic potential unless linked to brain-based impairments.
Paediatric Neuropsychiatrists, on the other hand, are medical doctors who treat complex psychiatric disorders with neurological features – such as paediatric-onset psychosis or epilepsy-related behaviour. Their reports focus on diagnosis, treatment, and prognosis, not educational trajectory or school-based support.
The distinction is critical: when academic capacity or educational loss is at the heart of a case, neither a neuropsychologist nor a neuropsychiatrist has the relevant framework or expertise. Only Educational Psychologists are trained to address the impact of trauma on academic outcomes within an educational context.
At Medico-Legal Healthcare, our educational psychologists offer specialist insight in cases involving historical abuse and educational loss. We collaborate closely with solicitors to ensure the appropriate expert is instructed for each case. Drawing on their experience and training, our educational psychologists deliver evaluations that are ethically grounded and legally robust, thereby supporting clarity, accuracy, and justice at every stage of the litigation process.