Rapid Responses to:

NEWS: Clare Dyer GMC issues guidance for expert witnesses BMJ 2008; 337: a989 [Full text]

Rapid Responses: Submit a response to this article

Rapid Responses published:

Shurley Shome Mishtake

William Pimm   (28 July 2008)

Confidence in Child Protection Practice

Patricia Hamilton, Rosalyn Proops, Officer for Child Protection, Royal College of Paediatrics and Child Health   (29 July 2008)

Shurley Shome Mishtake 28 July 2008
William Pimm, student tr11 2uh Send response to journal: Re: Shurley Shome Mishtake	In this weeks BMJ, Graeme Catto, president of the GMC, outlines standards that the GMC expects of medical experts who give legal evidence(1)(2) : keep within your area of expertise, give a balanced independent unprejudiced opinion etc. In the same issue of the BMJ we hear about a recent case(3) in which it is reported that an organisation responsible for prosecuting a complaint against 3 paediatricians chose to use an expert opinion who was not an expert and who had a history of being in league with the complainants. What is the name of the organisation concerned - you’ve guessed it – the GMC! William Pimm (1) Acting as an expert witness Graeme Catto BMJ 2008 337: a933 (2) GMC issues guidance for expert witnesses. Clare Dyer BMJ 2008 337: a989. (3)Three doctors and a GMC prosecution Jonathan Gornall BMJ 2008 337: a907. Competing interests: None declared
Confidence in Child Protection Practice 29 July 2008
Patricia Hamilton, President Royal College of Paediatrics and Child Health, 5-11 Theobolds Road, London WC1X 8SH, Rosalyn Proops, Officer for Child Protection, Royal College of Paediatrics and Child Health Send response to journal: Re: Confidence in Child Protection Practice	The Royal College of Paediatrics and Child Health welcomes the guidance for expert witnesses produced by the GMC1. The key points describe the Rules and Legislation which should be familiar to all paediatricians who attend court. The document closely echoes the important statement from the Department of Health and the Department of Children, Schools and Families2. This should protect the public and, importantly, paediatricians who have felt vulnerable when giving evidence as expert or professional witnesses. Paediatricians are particularly involved in the Family Courts and the GMC guidance should be read alongside the Handbook for Expert Witnesses in Children Act Cases3. However, the GMC must itself look to its own procedures. Last week two articles in the BMJ highlighted important issues that need addressing. Jonathan Gornall4 described the GMC’s withdrawal of the long standing case, partway through, against three paediatricians. We are pleased with this decision but remain concerned about the unnecessary distress caused to doctors by unacceptable delays and the issues around potentially conflicted expert witnesses. We know the GMC recognises these problems and the recent guidance describes the responsibility of experts to declare potential conflicts and the courts to decide on appropriate action. In the same issue it is noted that the Crown Prosecution Service’s review of ‘secret’ case files held by Dr David Southall found no evidence that any information was kept from the defence5. This is a very welcome and important finding and should help to restore the confidence of the public in criminal prosecution processes as well as the confidence of paediatricians who work under difficult circumstances. We know that the management of case files and proper communication are important parts of child protection processes as described by Lord Laming in the Victoria Climbie Enquiry. Paediatricians contribute to the protection of children by following clearly laid out procedures detailed in the Government’s document Working Together to Safeguard Children6 and they must feel safe from unnecessary referral to the GMC or from protracted procedures. We hope this guidance will help to achieve this and the Royal College of Paediatrics and Child Health continues to have discussions with the GMC about their processes. 1. Acting as an Expert Witness General Medical Council 2008 2. Statement on the duties of doctors and other professionals in investigations of child abuse. Department of Children, Schools and Families & Department of Health 2007 3. Handbook for Expert Witnesses in Children Act Cases, 2nd Edition Rt Hon Lord Justice Nicholas Wall, Jordan Publishing, 2007 4. Jonathan Gornall BMJ 2008; 337:a907 5. Clare Dyer BMJ 2008;337:a975 6. Working Together to Safeguard Children - A guide to inter-agency working to safeguard and promote the welfare of children. HM Government, 2006 Competing interests: None declared