As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the power under section 47 of the Family Law Act 1995 to order a report in writing on any question affecting the welfare of a party to the proceedings or to whom the proceedings relate, lies with the Court. As the Deputy is aware, the Courts are, subject only to the Constitution and the law, independent in the exercise of their statutory functions and the conduct of any court case is a matter for the presiding judge.
As indicated in response to Parliamentary Question number 44 of 19 January 2017, neither the Courts Service nor the judiciary have any role in relation to the qualifications of psychotherapists in the context of them providing reports under section 47 of the Family Law Act 1995. However, as indicated in response to Parliamentary Question number 98 of 24 January 2017, the investigation of complaints into the professional conduct of psychotherapists who prepare reports under section 47 of the Family Law Act 1995 is a policy matter for the Department of Health who have advised that consideration is currently being given to a proposal to designate counsellors and psychotherapists for regulation under the Health and Social Care Professionals Act 2005 which is at an early stage of examination by that Department.
