Case No. NE24C50736 - [2025] EWHC 1767 (Fam)

Dr Lennon Swart, Consultant Clinical Psychologist, carried out psychological assessments of the Mother and four children and reported on 28 April 2025. None of the parties had questions for him and so oral evidence was not required. Nevertheless, his report is of considerable importance. His summary findings were set out at paragraphs 3 to 7:

3.

My assessment of mother did not identify her to currently suffer from any mental health problems. She has a history of trauma, but she did not acknowledge any impact of it on her mood or parenting currently.

4.

I identified the children to each present with significant psychological needs. P has behavioural difficulties and problems with emotional regulation associated with trauma, neurodevelopmental difficulties, while Q’s, and R’s difficulties are mainly emotional in nature reflecting their exposure to trauma and poor parenting. S presents with some evidence for generalised developmental delay though he appears to be in a phase of developmental catch-up. However, all four children experienced considerable disruption to their lives from trauma from multiple sources.

5.

The children’s history has made them highly sensitive to change and uncertainty, and the issue of the current proceedings has caused additional significant emotional insecurity for them.

6.

Given that mother does not present with obvious mental health problems, her mental health is not a factor in the concerns about her current parenting. Her history is pervaded by trauma, but she does not acknowledge any impact on her parenting. This makes it difficult to make recommendations for support for her, but I recommend culturally attuned intervention for her in the area of domestic abuse and parenting. The matter of how she would manage four children with significant needs remains an issue.

7.

I make recommendations for support for the children. The family dynamics, and mother’s reported inability to manage the four children together raises concerns about placing the children in her care.”

Dr Swart repeated an error within the social work evidence that the Mother assaulted a worker at a residential unit, Home X, with a frying pan. That is a misunderstanding and no such allegation has ever been made. Dr Swart advises that P has underlying autism spectrum disorder adversely impacted by traumatic experiences throughout his life which have left him vulnerable. He also probably has undiagnosed ADHD and presents with extremely difficult behaviour. Dr Swart notes that the evidence of therapeutic and other interventions for P when in care in Austria were bearing fruit and he was making good progress until the interventions came to an abrupt end when he and his brothers were abducted by the Mother. Q does not demonstrate any diagnosable psychiatric disorder but he has considerable emotional difficulties manifesting themselves in behavioural problems that have led to school exclusion and hypotheses that he has oppositional defiant disorder and conduct disorder. He has been exposed to considerable trauma throughout his life. His emotional difficulties are compounded by him taking a parenting role or leadership role amongst his siblings which has led to P having a “dysfunctional attachment” to Q.

R is perhaps progressing better than any of his siblings and there is no evidence of neurodevelopmental delay or cognitive issues. However he too has been exposed to considerable trauma and has emotional difficulties. In particular, at home he is less regulated, argumentative and has considerable health anxiety. S presented with significant developmental delay on being taken into care in Austria, which was thought to be due to inappropriate parental attention and feeding. Dr Swart advises that S “may well have an underlying learning difficulty but I doubt that he is going to have an intellectual disability confirmed …. I do not think that he has any underlying neurodevelopmental problems that can’t be accounted for by the trauma he has been exposed to and the turbulent life he had to date.”

Dr Swart advised the Court that “In my opinion the children collectively are strongly attached to their mother, but I have significant doubts that their attachments are secure attachments.” He advised, “If the children are not returned to their mother's care, the current level of family time would have to reduce as it is disruptive to the children's routines. I would suggest a frequency of once a month. I do not think that it would be a positive experience for the four children to see the Mother together so the current configuration [each child spending time with the Mother separately] may need to continue.” Dr Swart advised that the Father should be encouraged to begin by writing simple cards or letters to the children as a first step to re-building some kind of relationship with them.