National guidance for child protection in Scotland - Scottish ...

from the reporter or from an agent representing the child or relevant person. This
could be in relation to a proof or an appeal against a children’s hearing decision.
Precognition Statement
A precognition statement is often taken prior to a case being heard in court. Its
purpose is to try and establish the evidence in the case. The GMC acknowledges
this arrangement that is peculiar to Scots Law where there is limited disclosure of
information in advance of a criminal trial, to both the Crown and Defence, without
the patient’s express consent. There is also the facility to have a witness cited
under oath within the provisions of the Criminal Procedure (Scotland) Act 1995 to
appear in front of a Sheriff for this purpose. Staff who have received citations for
court may be approached by the Children’s Reporter, the child’s legal
representative or the family’s legal representative for a statement. Good practice
should be seeking advice from the Lead Clinician or child protection adviser
when a request is made.
The legal measures for the protection of children and young people at risk are
fully explained earlier in this document.
It is the responsibility of the Board to ensure that designated officers oversee,
give support and time to staff to undertake the necessary administrative work,
prepare detailed reports and to have access to appropriate legal advice.
Other key activities are to:
Ensure familiarity with local court procedures including the workings of the
Children’s Reporter, the Sheriff Court and the High Court.
Ensure that there are opportunities to be precognosed in advance of the
court process by a solicitor.
Attend court to provide support to staff through the evidential process.
Allow staff the opportunity to discuss their involvement in the case and be
offered further clinical supervision following court proceedings.
Facilitate peer review in a supportive environment.
There is a requirement that the staff involved in child protection have the
necessary training, skills and experience in this area of practice where there is
compliance with any revalidation requirements of their respective regulatory
bodies. This will involve knowledge of relevant quality standards such as those
from the Faculty of Forensic and Legal Medicine (FFLM), the ability to produce
court reports of the necessary quality and to give effective evidence in court if
called upon to do so.
To that end, it may also be beneficial to attend a report writing and courtroom
skills course where a number of commercial organisations and the Faculty of
Advocates can assist in this respect.
The three medical defence organisations in the UK are able to provide generic
advice on giving evidence but as the doctor is giving evidence of fact in their
professional capacity or expert evidence, it is not possible for them to be
separately represented. It may also be useful to discuss the case with a
representative of the Central Legal Office but it is important to bear in mind that
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