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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 7898
Experience:  Barrister at law
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A psychologist was appointed under a part 25 for my case but

Customer Question

A psychologist was appointed under a part 25 for my case but it turns out the psychologist is not professional
JA: Where are you? It matters because laws vary by location.
Customer: at all I am in the south east England
JA: What steps have you taken so far?
Customer: my case has only just come to an end and I only found out how unprofessional he was the day before the final hearing he was not used as a witness for this reason but his previous reports were still relied upon
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don’t think so as a result I have gone through moths of therapy by this persons recommendation a lot of stress lost the residence of both my children because this professional told the courts I was a multitude of things and it turns out this person is trying to change the courts and hates women
Submitted: 16 days ago.
Category: Law
Expert:  Virtual-mod replied 16 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 16 days ago.
I am happy to wait a bit longer thank you
Expert:  plclegal replied 15 days ago.

Hello, my name is***** for your patience.

I’ll do my best to assist you and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information. You may receive a phone call request which is from the site, not me, and you may choose to ignore this request.

Please be patient with me as I am generally assisting multiple customers at once and this is an email service, but I will review your question and respond to you as soon as I can, as your question is very important to me. I hope that I can help you resolve your issue today. Please do not wait on line for a response, you will receive an email notification from JustAnswer to tell you that I have sent a reply.

Please also bear in mind that as it is not a normal working day responses may be slightly slower than usual.

Customer: replied 15 days ago.
Thank you
Expert:  plclegal replied 15 days ago.

Thanks for your patience. Normally the arena to challenge an expert is in the court hearing itself. It however sounds like this opportunity was not presented as the expert was discredited.

In the first instance, if you have just had the hearing, and the final outcome was based on the evidence of the discredited expert, then this could be a ground for appeal. You have to be sure that the judge did rely on their evidence though, and for this you will possibly need a copy of the transcript of the hearing but most certainly a copy of any judgment from the court.

It could be either an error of fact or a procedurally unfair point, for example.

An appeal is made on the N161 form which you can find on www.gove.uk. You have 21 days from the date of the court decision you wish to appeal to submit an initial application.

Also, as regards ***** ***** there could be a claim against them, for professional negligence. You would claim on the basis of the harm that you have suffered as a result of their actions.

For this, a professional negligence solicitor would assist you.

You have up to 6 years from the date of the report to claim, so there is no hurry with this one.

You can search for a suitable solicitor here: https://solicitors.lawsociety.org.uk/

I hope that this helps.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Customer: replied 15 days ago.
I have had a look at the appeals form are you able to confirm the form as I think from what I have read it is the FP161 form I need. As I am dry from legal fees this is a process I would have to take on without a lawyer.Ann
Expert:  plclegal replied 15 days ago.

Of course. The N161 is the standard appeals form. This is used for appeals from magistrates and district judges (DJ). The FP161 is used where you are appealing to the High Court only (i.e. from the decision of a circuit judge (HHJ)). I hope that clarifies things.

Customer: replied 15 days ago.
it was a circuit judge that hat made the order. Do you happen to know if legal aid would cove an appeal? I know I can get legal aid for mediation
Customer: replied 15 days ago.
Is there a way to claim back the costs of the appeal?
Expert:  plclegal replied 15 days ago.

In that case you do need the FP161. I'm afraid legal aid is just not available for appeals, as far as I am aware.

Also in my practice I've not come across a successful application for costs from an appellant in a family case, I'm afraid.

Customer: replied 15 days ago.
Thank you
Expert:  plclegal replied 15 days ago.

Best of luck with this. Let me know if you have further questions, you can always request me by putting my name at the start of the question.