"The Psychologist", 'False Memory Syndrome', Academic freedom and censorship, Board of Trustees, Expulsion of President-Elect, Gender, Governance, Identity Politics, Memory and the Law Group, Prescribing Rights

Legal storm clouds over the BPS

David Pilgrim posts….

For those new to the chaos in the BPS, its organisational vulnerability today is multi-layered. The Charity Commission has, until very recently, been ‘engaged’ with the Society about lack of compliance concerning governance arrangements. Slowly, maybe resentfully, the leadership in Leicester has tinkered around the edges. 

The Society’s ‘Board of Trustees’ has been a phoney structure since the 1960s, but now a few public invites are to be issued, to appoint nominally independent members. All trustees in a charity should have no conflicts of interest, not just a couple of tokens. As with other matters, the BPS leadership seems to lack insight about even the most basic principles of organisational probity (see below).

But compliance with charity law is the least of the problems for the current BPS leadership or, note, past leaders with their ongoing legacy liability. We were told via YouTube, when Nigel MacLennan was expelled kangaroo-court-style, that this has been a ‘challenging year’. This of course was special pleading from those running the Society. The wider membership had been kept completely in the dark about the corruption and misgovernance, so they experienced the lock down, oblivious to any personal pain suffered by the leadership, with its ‘challenges’.  

This glib ‘challenging year’ trope in BPS propaganda has persisted, both vague in its detail and directed at sympathy from anyone taking it seriously. Covid-19 had been a safe cover story of collective bad luck and victimhood. Whichever way the challenges in Leicester are spun to the outside world, the reality is that the BPS is in serious legal trouble.

Three imminent legal threats to the reputation of the BPS

Here are three points to consider seriously:

Nigel MacLennan’s Employment Tribunal will require that the BPS must now take the dirty washing it has stuffed in a bin bag and put in a cupboard somewhere, and empty it out on to the floor of the courtroom for all the world to see. The evasions and snail-pace adjustments, which might have worked in response to the Charity Commission, will not be tolerated in a court (which is the formal status of an Employment Tribunal). Much more could be said on this, but a sub judice caution comes into play here, so I am just reporting the material fact of what is about to happen in 2023.

Post-Cass Review and Post-GIDS closure, the BPS guidance on gender has now been withdrawn. The leadership are not responding, in a timely manner, to a dilemma shockingly new to them. In the autumn of 2019 criticisms I made of Tavistock Clinic GIDS were censored by the BPS. In the summer of 2020, representations from many BPS members about the serious inadequacies of the 2019 guidelines on gender were simply ignored. In the autumn of 2020, a detailed formal complaint concerning the form, content and context of 2019 revision of the gender guidelines was made but not upheld. Also in autumn 2020, further representations about the risks of extending prescribing rights to psychologists (which would have included hormones) were ignored by BPS leaders. In the spring of 2022, yet another multi-signed letter to BPS leaders about the risks posed to the public by the gender guidelines was simply ignored. This did not even receive an acknowledgment, let alone a considered response.

Only when the world outside was telling Leicester in stereo, and at full volume, that the game was up on the ‘affirmative model’, was action triggered. Over the recent years, its own members had been treated with total contempt, when lobbying for the withdrawal of the trans-captured gender document. The wise have kept a copy of the policy document now removed. It cannot be deleted from history, no matter how convenient that would be for all of those, from the Board of Trustees and the Practice Board to the ‘Comms Team’ and The Psychologist, who were complicit actors in a flawed policy.  

The credibility of their group-think will now fracture in the full public glare of legal scrutiny. Recently The Times reported an incipient class action, involving up to a thousand ex-patients of the Tavistock Clinic (in truth that figure may be larger or smaller). Whatever their number, the legal bill will be picked up by the NHS Litigation Authority (NHSLA). Its work is supported by top-sliced money from constituent local Trusts, so it is supplied ultimately by the tax payer. 

The Tavistock Clinic will survive, albeit embarrassed. It will be rid of a capricious historical deviation, which held the proven tradition of cautious exploratory psychological therapy in complete contempt, confusing a passing and modish social trend with a genuine ‘social revolution’. The medical sterilisation of healthy children is shaping up to be yet another ‘great and desperate cure’ in the murky biomedical history of psychiatry (and now, more importantly, psychology) (Valenstein, 1986). These children, who cannot vote, give consent to sex, buy alcohol or even have a piercing or tattoo at their own request, has been put forward by adult identity politics activists as a harbinger of social progress. 

In the censored exchange in 2019 and noted above, between me and Dr Bernadette Wren, that assumption of political and ethical worthiness was debated. As a champion of the now discredited GIDS, Wren actually described the explosion in referrals as reflecting a ‘social revolution’ (sic). I am sure she believed that, but history will surely not vindicate her position, given that her claim is already unravelling and there is a service policy push back, here and in other countries, about the ‘affirmative model’. Social contagion, yes. Social revolution, very doubtful. A passing postmodern phase of anti-realist madness, most probable.

Many liberal and left leaning people (this is not just a Daily Mail editorial frothing at the mouth) simply never bought the GIDS progressive claims. Nor did they fail to spot the trans-capture in the BPS and elsewhere, including in the Royal medical colleges, which should have known better. For example, a group have just written to The Observernoting how the leadership of the Royal College of Psychiatrists had fended off representations, similar to our own in the BPS (see under heading Trans Concerns) https://www.theguardian.com/theobserver/commentisfree/2022/aug/14/why-surprise-when-wealthy-capitalist-makes-large-donation-to-oxford-college

This span of dissenting voices has now been vindicated.  Complex existential challenges, each with their unique biographical context, cannot be cured by crass interference with the body, but it seems that mental health professionals are still slow learners. Their organisational leaders, fawning for popular support in an age of identity politics, have for now often lost their rational capacity to assess evidence or accept material realities that are immutable (Pilgrim, 2022). 

Faced with this historical moment of reckoning, the BPS does not have the luxury of a legal fund, like the NHSLA, to fall back on. The grateful medical negligence lawyers, who are now welcoming ‘regretters and detransitioners’ through their shiny doors, will inevitably take an interest in the professional advice that supported the ‘affirmative model’, now defunct at the Tavistock. The cabal in Leicester would be wise to take their own legal advice about what is in the pipeline.  It will of course be paid for by members’ fees. It may well entail very large amounts of money.

3 And then there is the contentious memory and law group, which has been the other main arena of policy capture, afforded by weak governance. The enmeshment of the BPS and the British False Memory Society is now clear (Conway and Pilgrim, 2022). However, in 2014, the editor of The Psychologist made this definitive and untenable statement: “Neither The Psychologist nor The British Psychological Society has links with the British False Memory Society.” 

This denial was at odds with the fact that the Chair (now deceased) of the BPS Memory and the Law Group was on the Advisory Board of the British False Memory Society, during the time that Elizabeth Loftus was on the International Panel of Associate Editors of The Psychologist.  She was also an advisor to the US and British False Memory Societies (The first was closed down after the Jeffrey Epstein case.) Loftus testified in defence of both Ghislaine Maxwell in 2021 and Harvey Weinstein in 2020. In the first case she asserted, with no evidence, that the prospect of financial gain could distort the memories of complainants. This line of speculation in legal settings is not peculiar to Loftus. It has been used by convicted individual abusers, as well as those claiming that child sexual abuse is a moral panic.

In this context of the serious legal considerations of sexual abuse, the biases in the BPS policy to date are very important, as is the supportive role of The Psychologist.  In May 2014, its editor provided a short hagiographic account of his interview with Loftus (he met at a conference dinner), who had ‘been voted the most influential female psychologist of all time’. It goes on, ‘Her wit and creativity shone through as she rattled through real-life stories, wrongful convictions and ingenious research that all illuminate the faulty nature of memory…. One thing seems undeniable: whatever the future brings for memory research and practice, Professor Loftus will be at the forefront of it for many years to come.’  

Because the BPS is an organisation without a memory, others have to recall the origins of its partisan policy focus. The BPS line, from their highly biased report, considering only the matter of false positive decision making, has fed defence teams hired by those accused of sexual abuse. It has offered absolutely no balancing advice about false negatives, in order to support prosecution teams. Those in the BPS, who have been concerned to expand the policy on memory, to include evidence of the social epidemiology of child sexual abuse and its proven mental health impacts (e.g. Cutajar et al. 2010) have been systematically excluded from a new working group looking at the topic. 

This scandal of biased policy formation then is ongoing. It is not just a part of BPS history, now regretted. The group recently appointed to update the document remains shadowy and has only included (unnamed) so called ‘memory experts’, from the closed system world of experimental psychology. All attempts by those BPS members interested in the clinical and epidemiological evidence (an open system feature of the world outside of the laboratory) to join the group have been blocked repeatedly. Moreover, all attempts to ascertain who exactly is on this group have been met with refusals on grounds of data privacy. It seems that the older biases to consider false positive decision making may well remain. The implausible claim that the BPS is guided by the organisational principle of transparency is also obvious here. 

Meanwhile, the BPS, as with now withdrawn gender document, seems to have no capacity to reflect on the child protection implications entailed in a lop-sided and partisan, form of policy formation.  The only sop that excluded critics have been offered is to submit papers to a minor journal, which is under the editorial control of FMS supporters. As with the case of the gender document, the temporary capture of a weakly governed Society, by a particular interest group, has to await external scrutiny to expose its bias and the dangers this poses to the public. Once again, internal dissent has been quashed at the expense of both membership democracy and academic integrity.

As the evidence now accumulates from historical inquiries into child sexual abuse, both in the UK and Australia, the BPS policy is a new potential target for angry survivors, seeking personal justice. Their lawyers will have spotted that line of attack. The current BPS position, to date, has colluded with the idea that child sexual abuse has been a trivial moral panic. The truth of the matter is that its scale has been strongly under-estimated, as is now becoming clear, in both the statutory inquiries and clinical research (Pilgrim, 2018; Children’s Commissioner’s Report, 2016).

Conclusion

The BPS leaders are in for another ‘challenging year’. Hiding in the dark, under the security blanket of group-think, will not make the lawyers disappear by magic. They will still be there, rubbing their hands, when the blanket it whisked away. Critics of all the three forms of BPS failing, noted above, may have been easy to ignore by the cabal. The rule of law is a different matter. If those in Leicester are not worried by now about imminent legal threats to the reputation of the Society, then they clearly do not understand what is going on.

References 

Children’s Commissioner’s Report (2016) Barnahus: Improving The Response to Child Sex Abuse in EnglandLondon: UK Children’s Commissioner’s Office 

Conway, A. and Pilgrim, D. (2022) The policy alignment of the British False Memory Society and the British Psychological Society Journal of Trauma & Dissociation, 23:2, 165-176, 

Cutajar, M. C., Mullen, P. E., Ogloff, J. R. P., Thomas, S. D., Wells, D. L., and Spataro, J. (2010). Psychopathology in a large cohort of sexually abused children followed up to 43 years. Child Abuse and Neglect 34(11), 813–22.

Pilgrim, D. (2022) Identity Politics: Where Did It All Go Wrong? Bicester: Phoenix Books.

Pilgrim, D. (2018) Child Sexual Abuse: Moral Panic or State of Denial? London: Routledge.

Sutton, J. (2014). BPS – obsessed with the false memory syndrome? Editor’s reply. The Psychologist 27, 5, 303.

Valenstein, E. (1986) Great and Desperate Cures: The Rise and Decline of Psychosurgery and Other Radical Treatments for Mental Illness New York: Basic Books.

Administrator’s note

All of these topics have been subject to comments on the blog. By clicking on the category immediately above the title you will find the relevant posts.

1 thought on “Legal storm clouds over the BPS”

  1. Thankyou for all your efforts. This saga is infinitely disheartening and it’s no consolation to know that similar professional organisations both here and abroad have also been captured. I spent many years working outside the UK and former colleagues tell very similar stories. I don’t mean to be glib when I say I’m glad to have retired. Anne Kerr

    Sent from my iPad

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