In cases where the children are being diagnosed for neurodiversity which will inform the local authority’s care package, the cost of that diagnosis is outside the scope of the certificate as not forming part of any party’s legal representation. It is considered to fall within the statutory responsibilities of the local authority. The fact that the court may need to consider whether to approve a care plan does not remove the responsibility of preparation of that plan from the local authority as a precursor to the court’s consideration.
In other cases, where children and adults are being diagnosed, the court should make it clear why a formal diagnosis of neurodiversity is needed for the purposes of its proposed order, particularly if the psychological report has already confirmed that a person has autistic traits/is likely neurodiverse. In cases where no psychological/psychiatric assessment has been completed to date, it should be made clear why a standard psychological assessment is insufficient to inform the court’s decision.
When the request is for an adult in care proceedings or an adult or a child in other cases (section 8 etc.), we need to know that the formal diagnosis will assist the court in making an order and why this is the case. It’s not sufficient to say that the diagnosis will inform a care/support package after proceedings (this is considered out of scope). Where a psychological/psychiatric assessment has already been completed, we need to know why that assessment is insufficient in terms of allowing the court to make an order. Where no assessment has been completed to date, we need to know why a standard psychological/psychiatric assessment would be insufficient to inform the court’s decision.
Any report intended to inform the way that court hearings are conducted will be the responsibility of HMCTS in the same way as reports concerning the use of witness intermediaries.
If a prior authority is refused or part granted in relation to this type of assessment the refusal letter we send to you will detail which points of the above have not been justified.