Child protection issues and the law

Both criminal and civil law may be involved following child maltreatment. Expert assessments and reports are requested from child and adolescent psychiatrists in many civil Children Act 1989 cases. The issues to be addressed include the child’s functioning and any disorders from which the child may suffer, explanations for these including abuse and/or neglect which the child might have experienced, the child’s needs, the parents’ capacity to care for the child safely and adequately and alternatives for the child if the parents cannot meet the child’s needs. To prepare a report, the psychiatrist needs to meet with family members as well as professionals, and further information is obtained from reports by other professionals. The duty of the psychiatrist is to the court rather than to one of the parties, while also maintaining a responsible clinical stance.