Educational Psychologists

Key Areas Where Educational Psychologist Expert Witnesses Support Medico-Legal Cases

Special Educational Needs (SEN) and Disability Tribunals

In personal injury and medical negligence cases, Clinical Psychologists provide expert witness assessments of psychological trauma, emotional distress, and the long-term impact of injuries on mental health. Their medico-legal reports are essential for determining the appropriate level of compensation for psychological injury, such as PTSD, chronic pain-related anxiety, or adjustment disorders.

The expert witness report will:

• Document learning difficulties and developmental disorders, such as:
  • Dyslexia, dyscalculia, and other specific learning difficulties (SpLD).
  • Autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD).
• Assess how these conditions impact:
  • Academic performance and social participation.
  • Emotional well-being and mental health.
• Provide evidence-based recommendations, including:
  • Specialist educational support and accommodations.
  • Therapeutic interventions, such as speech and language therapy.

These reports are essential for ensuring individuals receive the necessary educational support.

Personal Injury and Medical Negligence Cases

Educational Psychologists assess how brain injuries, birth trauma, or psychological trauma affect educational development.

Their medico-legal reports:

• • Document cognitive and behavioural impairments, including memory and attentional difficulties.
  • Analyse the impact on learning, academic progress, and social participation.
  • Provide a prognosis and recommendations, such as:
    • Specialist teaching programmes and therapeutic interventions.
    • Assistive technology and classroom accommodations.

Their findings help courts determine compensation for lost educational opportunities and future support needs.

Court of Protection and Mental Capacity Assessments

In Court of Protection cases, Educational Psychologists assess an individual’s capacity under the Mental Capacity Act 2005.

Their expert assessments determine whether an individual can:

• Make decisions about education, training, or employment.
• Manage personal welfare and participate in care planning.
• Consent to assessments or interventions.

Reports include cognitive assessments and recommendations to support decision-making abilities.

Family Law Cases – Parental Capacity and Child Development

Educational Psychologists assess how family circumstances impact a child’s educational and psychological well-being.

Their expert witness reports evaluate:

• The effects of adverse childhood experiences (e.g., trauma, neglect, or domestic violence).
• Parental capacity to support a child’s learning and development.
• The need for interventions, such as family therapy or educational assessments.

These assessments help courts prioritise the child’s best interests in legal proceedings.