EWI releases workforce mapping research report EWI releases workforce mapping research report

EWI releases workforce mapping research report

This research has provided the first-ever assessment of the size and characteristics of the Expert Witness workforce in the UK.
Podcast Episode 30: Mapping the Expert Witness Workforce Podcast Episode 30: Mapping the Expert Witness Workforce

Podcast Episode 30: Mapping the Expert Witness Workforce

This month on the Expert Matters Podcast, Simon and EWI's Membership Manager, Will Watkiss, discuss the EWI's project to map the Expert Witness...
EWI Guidance on Acting for Litigants in Person EWI Guidance on Acting for Litigants in Person

EWI Guidance on Acting for Litigants in Person

We have revised our recently published Guidance for experts on acting for litigants in person. After engagement with members, we have decided to amend...
Blackpool Borough Council v RR [2026] EWFC 69 Blackpool Borough Council v RR [2026] EWFC 69

Blackpool Borough Council v RR [2026] EWFC 69

Laura Langley, 38, was alleged to have killed her seven-week-old daughter Edith who collapsed at the family home in Blackpool, Lancashire, in the...
EWI Commentary on the RICS Professional Standard and Practice Guidance EWI Commentary on the RICS Professional Standard and Practice Guidance

EWI Commentary on the RICS Professional Standard and Practice Guidance

The RICS has recently published the 5th edition of its Surveyors acting as expert witnesses professional standard (‘standard’). We...
KS v The Secretary of State for the Home Department (Immigration and Asylum Chamber)... KS v The Secretary of State for the Home Department (Immigration and Asylum Chamber)...

KS v The Secretary of State for the Home Department (Immigration and Asylum Chamber)...

The Appellant, a citizen of Tajikistan, was appealing the Respondent’s decision to refuse his protection claim. The Judge gained the distinct...
We all can and do make errors and omissions We all can and do make errors and omissions

We all can and do make errors and omissions

Having written in Hospital Update, 48 years ago, about routine parenteral thiamine alongside prophylaxis or treatment of alcohol withdrawal symptoms,...
A Day in the Life of an Occupational Therapy Expert Witness A Day in the Life of an Occupational Therapy Expert Witness

A Day in the Life of an Occupational Therapy Expert Witness

Clare Cole is an Occupational Therapist with nearly 17 years of clinical experience, who now works as an Expert Witness in the medico-legal field....
A Day in the Life of a Physiotherapy Expert Witness A Day in the Life of a Physiotherapy Expert Witness

A Day in the Life of a Physiotherapy Expert Witness

Kathryn Rowe is an Expert Witness and Physiotherapist with over 17 years of clinical experience in neurological, spinal and orthopaedic...
Podcast Episode 29: Acting for Litigants in Person Podcast Episode 29: Acting for Litigants in Person

Podcast Episode 29: Acting for Litigants in Person

This month on the Expert Matters Podcast, we discuss acting for litigants in person. The accessibility of tools like generative AI is making...
Podcast Episode 28: Reflections on the EWI Conference 2026 Podcast Episode 28: Reflections on the EWI Conference 2026

Podcast Episode 28: Reflections on the EWI Conference 2026

This month on the Expert Matters Podcast, we take a look at the EWI Annual Conference which was held on 19 June. The Conference got off to a great...
A Day in the Life of a Dangerous Dog Legislation Expert Witness A Day in the Life of a Dangerous Dog Legislation Expert Witness

A Day in the Life of a Dangerous Dog Legislation Expert Witness

Shaun Hesmondhalgh has been an Expert Witness since 2016, specialising in cases involving dog welfare, dangerous dog behaviour, and dog-related human...

Check out our Case Updates and Member Magazine

Looking for more news relevant to the Expert Witness community? Why not check out our database of cases relevant to Expert Evidence or the latest and previous editions of our member magazine, Expert Matters.

News

Clicking on one of the topics below will display news items relevant to that topic. You can also use the search bar below to identify news items.

Justice for people with a hearing impairment
Keith Rix 2839

Justice for people with a hearing impairment

by Keith Rix

 

Commentary

Although this is a case about the assessment of capacity, it is of general relevance. A psychiatrist whose evidence had often been admitted in capacity cases was assisted in this case of a hearing-impaired person by an interpreter who had British Sign Language (BSL) Level 1 training. Her assessment was subsequently criticised as she conducted the assessment without ‘suitable specialist learning support’. BSL Level 1 training is the lowest of the six levels of training. Clearly, reliable communication is essential in assessment, as in this case, of capacity to make various decisions, a matter usually one for psychiatrists and psychologists. However, there are other circumstances in which healthcare experts are particularly reliant on an interpreter’s skills, for example in exploring, in retrospect, a hearing-impaired person’s capacity to consent to an operative procedure or operation.

For psychiatrists and psychologists, the case illustrates the importance, in the case of some hearing-impaired subjects, of being assisted, or of the assessment being carried out, by a psychologist or psychiatrist who has experience of the assessment and treatment of hearing-disabled people.

Learning points:

General

  • There is an obligation on those proposing an expert instruction, and on the expert themselves, to make sure that expert has the requisite expertise to prepare the expert report being sought.     

  •  If you are assisted by a British Sign Language interpreter ascertain to what level they are qualified. There are six levels. Record the level in your report.

Capacity

  • If you are a non-deaf specialist, you need suitable specialist interpreting support.

  • A diagnosis in someone with extreme language deprivation of a 'borderline learning disability' is likely to be inaccurate if it has arisen due to use of assessments which are not valid for deaf people.

  • An individual with 'language deprivation syndrome' functions very much as if they have a learning disability, although the origin of it is deprivations, rather than organic impairment of the brain from birth'.

  • The use of a non-specialist expert is not an appropriate substitute for the specialist assessment.

To continue reading you must be an EWI member, become a member and access exclusive content. 

Already a member? Login

Share

Print
Comments are only visible to subscribers.