Expert risk assessments of parents where violence or abuse within the family is a concern

INFORMATION FOR REFERRERS

What does a domestic violence risk assessment involve?

Our risk assessment generally involves a thorough analysis of the information contained in the court bundle, and of any collateral documents (such as criminal records) that may not be before the court, followed by face-to-face interviews with each parent. We expect to have telephone consultations with other professionals involved in the case and with any other individual whose evidence may help us form an opinion. Notes are kept throughout all interviews.

We then produce a comprehensive report (with research summaries and a detailed appendix) that identifies the quantum of risk and makes recommendations about how any risk may be managed or reduced.

Who can refer?

Our risk assessments are usually commissioned by family law practitioners or the local authority in the context of disputed contact/residence proceedings or care proceedings (or prior to proceedings under the new Public Law Outline) where children’s safety and welfare is a concern because of domestic violence between the parents.

CAFCASS can recommend a risk assessment in their welfare report whenever domestic violence has been identified as a factor with implications for safe contact arrangements. To minimise delays, the court can also order a risk assessment at the same time as they order a welfare report, allowing for simultaneous filing.

How long will a risk assessment take?

From receipt of the court bundle and letter of instruction, we are usually able to complete a risk assessment within six to eight weeks. However, please consult the office for an accurate appraisal of time on a case by case basis, as our workload obviously varies.

What documents do we need before carrying out the assessment?

Risk assessment is essentially an investigative process: the better the quality and quantity of information available to the assessor, the better the assessment. In addition to a letter of instruction clearly setting out the scope of our assessment (the wording of which should ideally be agreed with us beforehand), we require the following information:

In many cases, it is also helpful for us to receive copies of the parties’ medical records.

Wouldn’t an assessment by a psychiatrist or psychologist be more appropriate?

Where domestic violence is an issue, the courts are not always best served by some legal practitioners’ failure to recognise domestic violence as a highly specialised field to which models and theories from other disciplines cannot be readily applied. While mental health practitioners have been the experts traditionally called upon to provide assessments in family law proceedings, they may not be able to provide the best informed assessment of risk when domestic violence is the concern.

Psychiatric disorders are generally weak predictors of both domestic violence and child abuse, and the majority of family violence perpetrators do not exhibit significant mental health problems.

There is also little to justify reliance on personality testing in such cases: psychometric instruments cannot establish the truth and they are poor predictors of risk and of parenting capacity. Many family violence perpetrators are experts at deception and fare better than their victims in psychological tests.

Research indicates that past behaviour alone is a better risk indicator of violence potential than expert opinion based solely upon clinical or impressionistic accounts, the reliability of which have been found to be unimpressive. Where family violence is the concern, researchers therefore call for assessors with extensive experience in the field, detailed knowledge of the large and ever-growing scientific literature, and an understanding of the dynamics of violence within families.

We also have extensive experience of working for change with victims and perpetrators of domestic violence.

How much does an assessment cost?

Costs vary enormously, depending upon the complexity of the case, the number of individuals concerned, the amount of documentation to be examined, and the extent of travelling involved. Please consult our administrator on a case-by-case basis for an estimate of costs.

Who funds the assessment?

Our costs are usually met by the Legal Services Commission, local authorities and exceptionally by the parents themselves.

In cases where the evidence is disputed, do we need to have findings of fact before we undertake a risk assessment?

The issue of undertaking a risk assessment in the absence of a finding of fact is not a straightforward one. A reliable risk assessment depends heavily upon the quality and quantity of the evidence available. Given the heterogeneity of perpetrator profiles and the shortcomings of risk assessment technology and of psychometric tests, establishing the nature of an individual’s past behaviour is central to the construction of a credible assessment. Where crucial or significant facts are disputed, an assessor is therefore generally better placed to deliver a robust assessment if the court first makes a finding of fact in accordance with CASC guidelines. (This also presents less work for the assessor, who does not have to contend with unresolved allegations, ambiguous evidence and contradictory accounts. Moreover, the assessor does not have to risk trespassing on judicial territory by expressing a view about untested evidence.)

However, the nature of domestic violence is such that it can be notoriously difficult to prove since what is alleged typically occurs ‘behind closed doors’ and away from public view; the victim is usually the only eyewitness (and may have been under considerable pressure to keep the violence and abuse a secret). Some judges tell us that they therefore welcome an approach in which the expert assessor forms a provisional view about the disputed facts (where they are germane to the assessment), and therefore about the level of risk involved, in order that the court is as well informed as possible when making its own deliberations. (Clearly, where, having subjected the evidence to legal scrutiny, the court arrives at a different finding about the credibility of the parties’ accounts, far less weight would be placed on the conclusions of our report.) Such an approach to risk assessment often seems to assist the court in settling matters without a formal finding-of-fact hearing. Of course, wherever possible in such cases, we try to offer a range of opinion about risk to suit the different conclusions the court may reach (if this, then that ……).

If it helps the court, we can certainly form an opinion about risk that does not necessitate disputed facts being resolved. The reliability of our opinion would then depend upon the quality of collateral information available and the results of self-report questionnaires and psychometric tests.

Are we willing to carry out home visits or travel out of region?

Where the instructing parties feel that the additional cost incurred is justified, we are able to undertake home visits and/or to travel to other parts of the country.

Can we carry out an assessment without meeting the individual concerned?

Where the person under scrutiny is unwilling or unable to attend for interview, we are usually able to provide a provisional report, provided there is sufficient information available about the individual from collateral sources (such as through criminal records and other case papers).

Do we need to see both parties?

A risk assessment is only as good as the information upon which it is based. We therefore much prefer to meet with both parties to ensure that we have access to as much evidence as possible.

Do we meet with the children?

We do not normally expect to have contact with the children involved.

Who will carry out the assessment?

We are a multi-disciplinary team and tend to allocate the assessor best suited to the task. CVs are available on request.