A perspective from a psychiatrist called as expert witness

Abstract

Expert witnesses in Children's cases will usually be Child Psychiatrists or Psychologists and/or Paediatricians, and less commonly may be General, Forensic or Learning Disability professionals depending on the issues involved in the case. As a psychiatrist in Learning Disability, I deal with children as part of a Life Span service. Although this forms only a small percentage of my workload, I recently found myself in the novel situation of being the expert witness in a very complex case regarding a child with learning disability. I was already likely to be involved as a professional witness, to report on clinical work with die child and family but was then requested by the Judge to act as expert if I was agreeable. The role of the expert witness from whichever discipline, is to present a unbiased assessment, carry out research where appropriate and give opinions when requested, including the evidence of other witnesses. Compiling the report relies on the co-operation of the other professionals who are closely involved in the case, particularly regarding proposals for care packages. Although it may seem to other professional staff that the expert witness is less involved in the case, and must therefore be less familiar with the details, it is my suggestion that a certain distance allows a more objective and balanced view to be given. I therefore agreed to act as expert witness as my involvement in the case had been more at the level of consultation.