Abstract
What is the extent of personal legal liability of professionals carrying out investigation and assessment in cases involving child protection? In cases where their advice has been incorrect, or where the Court decision does not support their conclusions, can they be held liable by the child or parents involved? These questions were considered recently by the House of Lords, whose judgement will have important implications for professionals who work with children and families. Their Lordships decided that psychiatrists and other professionals involved in child protection cases are not personally liable. The principle of witness immunity was extended to cover any professional who gives advice either in the context of or in contemplation of court proceedings. In the child protection area, local authorities will not be liable either directly or as the employers of professionals. Peggy Ray, a solicitor specialising in children's cases and member of the Children's Panel of the Law Society, spells out the legal implications of the judgement. Judith Trowell, a consultant child and adolescent psychiatrist and experienced expert witness, discusses the implications for clinicians undertaking expert witness work.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
