Kim Hill Interviews Dr Barry Parsonson
Radio New Zealand
December 4, 2001

(Transcript)


Kim Hill  (Interviewer) (Introduction)
A top psychologist who was fined and censured for botching a sex abuse investigation that left a man wrongly accused of molesting his children has been allowed to keep practicing.

This is a story reported by the Dominion newspaper this morning, and it’s about Wellington Child Psychologist Prue Vincent who was once head of Social Welfare’s Psychologists team. 

She works for the Department of Child Youth and Family Services and she appeared before the Psychologist’s Board on November 12, and pleaded guilty to charges of conduct unbecoming on a number of fronts:  In respect to how she interviewed the children, the way she dealt with the respective parents, she failed to make a transition in methodology … as the expression has it  … from her initial role as an assessor with Child Youth and Family to that of a court appointed psychologist during access hearings. 

And it was during her sessions with the children that they claimed to be sexually abused

Of course the father is outraged and she has been fined $5000 and censured by the Psychologist Board.    

To the father’s astonishment she has however been allowed to keep practicing, but she broke almost every rule in the book. 

Dr Barry Parsonson is a former chair of the Psychologist Board and he joins me now.  Good Morning


Dr Barry Parsonson
Good Morning Kim


Kim Hill  (Interviewer)
Now I understand you cannot talk about the details of this case because you were involved in the assessment of it.  Am I right?


Dr Barry Parsonson
Yes that is true.


Kim Hill  (Interviewer)
So just lay out for me what your involvement has been so that I know exactly why we cant talk about it, if you see what I mean.


Dr Barry Parsonson
Right.  Well I was asked by the Family Court to provide a second opinion on reports to the court by Ms Vincent  and so therefore as a result of that all my involvement in that process is confidential


Kim Hill  (Interviewer)
All right, but  one would have to assume that you would disagree with her conclusions?


Dr Barry Parsonson
Well again, I feel I don’t want to talk about this particular case because of my involvement   I have to … I think ethically stand back from that and say that I would have a conflict of interest


Kim Hill  (Interviewer)
I understand.  I am interested in how it can come to pass and the information is merely what I have in the Dominion which has done a lengthy report on it this morning.

I am interested in how it can come to pass that a professional can be censured on so many fronts and be fined and have her professionalism put in doubt and yet be able to continue practicing.


Dr Barry Parsonson
Well I think that the Psychologists Board the process is that it sets up an independent complaints assessment committee comprising three psychologists who are registered with the board and who have expertise in the area relating to the complaint and their job is to sort of provide the board with both an understanding of the issues of the complaint that it should address and whether not it should proceed to hear the complaint.  So there has been an investigation ahead of time but in terms of determining whether or not a practitioner has failed to maintain appropriate standards and these can be in terms of either conduct unbecoming a registered psychologist  or simply professional misconduct which is the more serious charge, the Board makes that decision and then determines the penalty on the basis of it’s evaluation of the complaint.


Kim Hill  (Interviewer)
All right.  In order to get some perspective on this, hypothetically or generically, would you say that if a person in her position had been involved in children for six years that she should have interviewed the parent who was being accused of sexual abuse?


Dr Barry Parsonson
Well again  I dont want to talk about this case specifically


Kim Hill  (Interviewer)
I’m not asking you to talk about this case specifically.  Is it normal practice?


Dr Barry Parsonson
The usual practice for family court appointed psychologists who undertake this work is what’s called specialist report writing for the court.  The usual process is that they would interview both parents, they would observe the children in the presence of both parents if that were appropriate


Kim Hill  (Interviewer)
So if a psychologist did not interview both parents, did not observe the children with both parents that would be unusual to say the least would it not?


Dr Barry Parsonson
Yes, but there may be circumstances in which that would be appropriate for example if there had been extreme violence; If the children were afraid of the person.   If they had indeed been sexually abused by the other person there may be good grounds for being somewhat cautious about that exposing them to an abuser.


Kim Hill  (Interviewer)
However if there was no evidence of sexual abuse then the allegation of sexual abuse would be sufficient to make an observation of the children with the alleged abuser impossible?


Dr Barry Parsonson
It makes it difficult I think


Kim Hill  (Interviewer)
Well you can see what a sort of catch 22 that would be for an accused person?


Dr Barry Parsonson
It is. It’s a very difficult situation and I think that one of the problems here is that   we are all aware as practitioners in the field that these allegations of abuse are easily made and very difficult to validate.


Kim Hill  (Interviewer)
All right.  What we have and I mean I can go through the litany of failure in this case.  It may be useful to go through some of points reported in the Dominion. The individual concerned,  Prue Vincent allowed the mother to be present at interviews with the children.  …… I am not going to address that question to you specifically about this, so don’t worry ….

She a
llowed the woman to be present at interviews with the children; she interviewed the children together; She used books dealing with sexual abuse during her assessment; used leading questions during the interviews; did not observe the children in their wider environment or with their father; did not interview the father as a reference source; did not consider other explanations for the children's behaviour.

It is clear that she did wrong and she behaved unprofessionally. 

She was fined $5000.  She was give a letter of censure 

She regularly works for the Department of Child Youth and Family Services.

Do you think that people should be reassured that any kind of assessment of sexual abuse from this point on by the Department is going to be done professionally?


Dr Barry Parsonson
Well I think things have changed somewhat since .  over time.  I don’t think that psychologists are so much involved now at that level in those evaluations


Kim Hill  (Interviewer)
Heres another question we’ll come to now.  What about then: How many people will now be saying “I was done wrong too”


Dr Barry Parsonson
Well I think theres always those questions in any such case.


Kim Hill  (Interviewer)
And even now these questions have at least part of an answer because of the exposure of this practice, don’t they?


Dr Barry Parsonson
Well again I cant comment because I don’t know about  the practice in general. This obviously was a particular case about which there was a  complaint .   I think some of the issues here that need to be looked at are that the Board was     when the board is confronted with a complaint it sets up a hearing, now as in any formal circumstance a person coming before the Board who pleads guilty typically as it would be in a court is given some consideration for the fact that they have actually acknowledged that they have not practiced a standard which even they themselves might     are prepared to acknowledge they should have and I think the Board under those circumstances     just as a court would     takes into account that acknowledgement  and would normally I think in my experience when I was on the Board was when people made such plea the process would involve establishing the persons understanding of the extent to which they have failed to meet their proper standards and also giving an acknowledgement from them that they needed to undertake some appropriate retraining


Kim Hill  (Interviewer)
Is there any suggestion that somebody would be in a position to call an investigation or an inquiry into the other cases that Prue Vincent has been involved in?


Dr Barry Parsonson
Well I think that is a matter for others.


Kim Hill  (Interviewer)
Who is it a matter for?


Dr Barry Parsonson
Well I presume if there are people out there as with any investigation that may be undertaken for any purpose who then feel that they too


Kim Hill  (Interviewer)
It’s up to the individuals to come forward? There is nobody who will now look back and oversee her work?   Given the obvious failing now?


Dr Barry Parsonson
I don’t think the Psychologists Board has the power over its professionals to  actually do that  There is concern in the profession about some of the inadequacies in the Psychologists Act 1981 and we tried with the particularly with the previous government over a number of years to introduce changes to the process for penalties because they are very restricted and limited as to what the board can do


Kim Hill  (Interviewer)
The Board cannot … Just remind me how an individual can be struck off the Board’s register?


Dr Barry Parsonson
Well yes. Striking off is an option. Suspension of practice for a year is an option.


Kim Hill  (Interviewer)
What would you have to do to get suspended for a year?


Dr Barry Parsonson
I wasn’t present involved in this particular case.


Kim Hill  (Interviewer)
No what would one have to do to be suspended for a year?


Dr Barry Parsonson
Well normally one would have to have been found guilty of malpractice. Presumably of a sort that there was a sense that removing the person from the register for a period of time would give them an opportunity to rehabilitate themselves.


Kim Hill  (Interviewer)
Or to retrain perhaps?


Dr Barry Parsonson
Yes that is a penalty available to the board.   But it can’t instruct a person to retrain.  It may be able to put conditions on their reapplication for admission back onto the register.  But it’s stuck with an act which doesn’t actually give it much choice, particularly in terms of setting people up for rehabilitation and retraining. There aren’t specific provisions that allow it to order such things. And the profession has felt for some time that it’s probably … You know, you can punish people, you can do all those things.  You have also got to consider that rehabilitiation should be something that psychologists believe is possible and there should be provision in the act for people to actually undertake additional training that satisfies them


Kim Hill  (Interviewer)
All right.  And once again I’m not asking you to comment specifically on the details of this.   But lets go back to the issue here that has lifted the lid of this inadequacy in the Psychologist Board.   We have a father who has spent over $80000 trying to get his innocence believed in order to gain access to his children.  He still can’t see his children because he was accused of abusing them and this accusation was held out by Prue Vincent so he’s in this nightmare.  He still can’t see his kids.  He could have seen his kids if he had pleaded guilty to abusing them.  And now he sees the woman who effectively has deprived him of his children carry on practicing, having to pay a pitiful fine and not having to do any kind of retraining in order to carry on practicing

Now my question is : How often does this happen and does it fuel the calls for the Family Court to be opened up to scrutiny because this for an individual is a travesty of justice.   Do you agree


Dr Barry Parsonson
I think the question here is that there are a number of issues that are raised by cases such as this.   One of them is the fact that a psychologist who is presenting evidence to a court has to be sure that the evidence that they have gathered in relation to any matter in the family court for example that is soundly based and there are good grounds for making the case that they are making   They are only part of the evidence that appears   you know ..that is presented to the court  and of course the court makes it’s decision on the basis of more than just what a psychologist might say   But none the less you  have to acknowledge the psychologist probably has an important voice in that court room because they are among the few experts that actually do appear in the Family Court.   And so I think the issue for psychologists is that they have got to very sure of the grounds on which they support such allegations  and that  means that the quality of their investigation has to be able to withstand scrutiny and I think that is an issue that many of us who work in this field are aware of and have concerns about.


Kim Hill  (Interviewer)
This fuels your concerns?  This kind of case fuels your concerns about more widespread inadequacies or do you regard this, and once again I’m sorry I seem to be asking you to comment on this case …  How uncommon do you think this is?


Dr Barry Parsonson
I’m not sure how uncommon it is.  I have been put in the position where I have done a number of these second opinions and I have had some concerns about several of them.  And I think that’s an issue   It’s a practicing issue for psychologists and I think it’s an issue that has to really be looked at in the Family Court in terms of it’s procedures.  It’s responsibilities relate to the protection of the children.  That is given primacy. And I can understand why that is the case because the children are vulnerable and the Court is there to make sure that whatever decisions are made are made such that the children are safe, but  I think that there also has to be a reflection on the quality of the evidence that is brought forward to support any concerns about physical, or sexual or psychological emotional abuse


Kim Hill  (Interviewer)
So what are you saying to me?


Dr Barry Parsonson
What I’m saying ….


Kim Hill  (Interviewer)
Well can I ask you if you are saying ….


Dr Barry Parsonson
It is up to our profession to actually be sure that it has good grounds for supporting allegations of abuse because the standard of proof in the Family Court is such that the person can be deprived of access to their children on the grounds that may not withstand proof in a criminal court for example


Kim Hill  (Interviewer)
So are you saying that a child psychologist’s evidence is one thing but it is up to the family court to provide a more rigorous scrutiny of other evidence involved?


Dr Barry Parsonson
No.  I think the psychologist has the primary responsibility because they are the expert appearing before the court and therefore considerable weight is going to be given by the court


Kim Hill  (Interviewer)
Well that brings me back to the question perhaps the threshold for being struck off needs to be lowered?


Dr Barry Parsonson
I’m not sure that’s the best way.  I think the best way is to actually put more time and effort into establishing appropriate standards of evidence and ensuring that psychologists in their investigations actually meet those


Kim Hill  (Interviewer)
And you are not in favour of the Family Court being opened to scrutiny?


Dr Barry Parsonson
I’m quite in favour of the Family Court being opened to scrutiny but as I think any structure in our Society should be. It depends. There are circumstances ….


Kim Hill  (Interviewer)
But the family court is not


Dr Barry Parsonson
Well the Family Court isn’t an open court, and I think ….


Kim Hill  (Interviewer)
That’s what I’m asking.  Should it be?


Dr Barry Parsonson
I’m not sure that that’s the solution, but I think there may be other solutions that provide a degree of scrutiny which would satisfy the public interest and concern.


Kim Hill  (Interviewer)
I appreciate your time.   Dr Barry Parsonson, former Chair of the Psychologist Board.