Regulation

Statutory regulation for psychology in the UK was introduced in 2009 and the Health and Care Professions Council (HCPC) is the regulator of practitioner, or registered, psychologists. Practitioner psychologists who have the qualifications necessary to meet the stringent criteria for statutory regulation with the HCPC, are registered with the HCPC with one (or more) ‘protected’ titles. The legislation protects seven titles: Clinical Psychologist, Health Psychologist, Counselling Psychologist, Educational Psychologist, Occupational Psychologist, Sport and Exercise Psychologist, and Forensic Psychologist. In addition, the two generic titles – Practitioner Psychologist and Registered Psychologist – are available to registrants who already hold one of the seven ‘specialist’ titles. See Appendix 1 for a detailed description of protected titles.

These titles are protected by law. Anyone who uses a protected title must be registered with the HCPC. Article 39(1) of the Health Professions Order 2001 makes it a criminal offence for a person, with intent to deceive, to state that they are on the HCPC Register; to use a designated title to which they are not entitled; or to say falsely that they have qualifications as a practitioner psychologist. An unregistered person may be committing an offence even if they do not use the designated title directly, such as describing the service they provide as ‘clinical psychology’ or ‘forensic psychology’.

To assist the family court in making appropriate instructions all statutorily registered practitioner psychologists should use their protected specialist title as it appears on the HCPC register.

The title ‘Chartered Psychologist’ can only be used by psychologists who have achieved Chartered membership status with the BPS who will appear on the List of Chartered Members. There are various routes to Chartered Membership currently including postgraduate training, research and teaching (see Appendix 1) and it is anticipated that these routes will be widened to take into account competencies as well as qualifications. It is a voluntary scheme and the BPS does not have a regulatory function but those who are Chartered members of the BPS must comply with BPS codes of conduct and member conduct rules.

Some practitioner psychologists are both statutorily registered with the HCPC and Chartered with the BPS. However, the terms ‘Chartered Psychologist’ and ‘Registered Psychologist’ are not equivalent. Psychologists registered with the HCPC and/or Chartered with the BPS both fall within recognised professional codes of conduct and ethical frameworks. The only psychologists subject to statutory regulation in the UK are those registered with the HCPC.

A lack of understanding and awareness has resulted in the use of various titles in the Family Court system. Such titles have no specific meaning, nor are they protected or regulated by the HCPC. Examples of such titles include ‘psychologist’, ‘child psychologist’, ‘consultant psychologist’, ‘assessment psychologist’, ‘developmental psychologist’ and ‘attachment psychologist’. The HCPC does not protect these titles and their use does not indicate statutory registration. Chartered members of the BPS may use descriptive titles to indicate an area of expertise or specialism but these and their areas of specialism on the Directory of Chartered Members are self-determined and not verified by the BPS.

It is not possible to verify how a psychologist has achieved Chartered membership status from the information available on the BPS List of Chartered Members. It is important therefore to assist the court by ensuring that a psychologist’s qualifications/training, experience and specific areas of knowledge are set out clearly in their CV

It is the responsibility of the psychologist expert to be transparent in relation to their qualifications and registration to assist the court in determining their suitability to offer the necessary expert opinion in the case being considered.

Should a court appoint an individual who does not use an HCPC protected title, it should be aware that this would fall outside of the regulatory framework of the HCPC, e.g. to check qualifications and current fitness to practice. While a Chartered Psychologist and non-Chartered Psychologist would fall within the accountability of the BPS, if they are members of the BPS, e.g. code of ethics and conduct, they would not fall within the HCPC regulatory authority. Psychologists who are not HCPC registered should make it clear when accepting instruction, as should those who are not Chartered Members of the BPS.

In every case the court should identify whether a proposed expert is HCPC registered. Where the expert is un-registered, it is for the court to indicate in a short judgment why it is, nevertheless, appropriate to instruct them. (Re C (‘Parental Alienation’) [2023] EWHC 345 (Fam).)

Any psychologist expert witnesses who are not subject to UK professional standards or regulation should meet the criteria as set down in the FJC standards document for overseas experts⁵. Psychologists from EU countries can demonstrate their qualifications and status through membership of the relevant national body via the European Federation of Psychologist Associations, (of which the BPS is a member). This Federation can provide information regarding qualifications and status across the national training and regulation regimes.

Courts should expect that all psychologists based in the UK providing evidence in family proceedings are regulated by the HCPC (if they are practitioners) and/or that academic psychologists have Chartered membership with the BPS.

It remains at the discretion of the court to appoint individuals who are not eligible for Chartered membership of the BPS or qualified for registration with the HCPC but that the court determines have relevant psychological knowledge or training. However, it should be made clear in orders and letters of instruction that these individuals are not being appointed as psychologist experts but under the auspices of other professional frameworks, e.g. Independent Social Workers with additional psychological qualifications or Psychotherapists. These individuals are also distinct from psychologists in relation to their remuneration rates paid by the Legal Aid Agency⁶.