CPR Part 35 compliant expert reports. Claimant, defendant and Single Joint Expert instructions.
Dr Jude Joughin is an HCPC-registered Educational Psychologist instructed as an expert witness in personal injury and clinical negligence litigation involving children and young people.
Areas of Expertise
Paediatric acquired brain injury. Assessment of educational functioning, learning needs and support requirements following traumatic and non-traumatic brain injury, including the educational implications of injury sustained at birth or in early childhood.
Complex neurodevelopmental profiles. Where a claimant presents with co-occurring difficulties — cognitive, communication, sensory, social and emotional — and the question is what that combination means for education, attainment and long-term outcome.
Educational provision and quantum. Evidence on the nature, level and duration of educational and specialist support a child requires, including the interface with EHC plans and local authority provision, for use in schedules of loss.
Causation and attribution. Distinguishing the educational consequences of an index event from pre-existing need and from background factors — usually the point on which EP evidence is genuinely contested.
An Educational Psychologist’s evidence sits alongside, not in place of, paediatric neuropsychology, neurology, occupational therapy and speech and language therapy evidence. Where the boundary of expertise is reached, that is stated in the report.
Types of Instruction
Instructions are accepted from claimant and defendant solicitors and as Single Joint Expert.
Instruction is balanced between claimant/pursuer and defendant/defender work. This is stated openly because it goes to the objectivity of the evidence, and a breakdown of instructions by instructing party can be provided on request.
Work is undertaken under the Civil Procedure Rules (England and Wales) and, where instructed, in Scottish proceedings.
Reports comply with CPR Part 35, Practice Direction 35 and the Guidance for the Instruction of Experts in Civil Claims, and include the required statement of truth and expert’s declaration.
Beyond the report itself, Dr Joughin is available for:
- Answering Part 35 questions
- Expert discussions and preparation of joint statements
- Conference with counsel
- Attendance at trial or tribunal to give oral evidence
- Preliminary advice on whether educational psychology evidence is likely to assist in a given case
The assessment
Assessment is carried out in stages, typically including:
- Review of medical, educational and social care records, and of other experts’ reports where disclosed
- Direct assessment of the young person, using standardised psychometric and criterion-referenced measures selected for the case
- Meeting with parents or carers
- Contact with the educational setting, including classroom observation where appropriate and where the setting consents
- Analysis, formulation and report preparation
Assessment normally takes place in the young person’s educational setting or at home, depending on age, presentation and the nature of the questions asked. Assessments are undertaken nationwide. Travel time and expenses are charged in addition to assessment and report fees, and are set out in the estimate provided on receipt of instructions.
Reports
A typical report addresses:
- Instructions received and documents considered
- Background and relevant history
- Assessment findings, with test scores reported in full
- Formulation, including causation and attribution where within expertise
- Current educational needs and the provision required to meet them
- Prognosis and long-term educational and vocational implications
- Recommended provision, quantified where possible for use in a schedule
- Areas of agreement and disagreement with other experts, where their reports have been disclosed
- Statement of truth and expert’s declaration
Availability, turnaround and fees
Typical turnaround: six to eight weeks from receipt of complete papers and completed assessment.
Fees: charged at an hourly rate with an estimate provided on receipt of the letter of instruction. A full fee schedule, including cancellation terms and rates for conference and court attendance, is available on request.
Qualifications
- Doctorate in Child and Educational Psychology; qualified as an Educational Psychologist in 2009
- Registered with the Health and Care Professions Council (PYL25455)
- Solomons Neuropsychology Course, 2024–2025
- Member of the steering group, Association of Child and Independent Practitioner Psychologists (ACHIPP)
- Practising as an Educational Psychologist since 2009, in independent practice since 2017
Full CV available on request.
How to instruct
To discuss a potential instruction, or for preliminary advice on whether educational psychology evidence would assist, contact jude@fspsychology.co.uk.
For a formal instruction, the following are usually needed at the outset:
- Letter of instruction setting out the questions to be addressed
- Medical records and any expert reports already obtained
- Complete educational records, including EHC plan and annual reviews, school reports, attendance data and SEN records
- Details of the claimant’s current educational setting and a contact there
- Where the claimant is a child, confirmation of who holds parental responsibility and has consented to assessment