Do you assess both parents in a section 11 action?

This depends on the instruction and on conflict considerations. Where both parties wish an opinion, separate instructions and separate reports are usual, and a conflict check is carried out before any instruction is accepted.

Will the report say whether a parent should have contact?

The report gives a psychiatric opinion on diagnosis, prognosis and the parenting functions affected by any disorder identified. The ultimate decision on contact or residence is for the court, informed by that opinion alongside the other evidence.

Can you comment on parenting capacity without meeting the child?

Yes. The opinion is directed at the parent's mental state and its effect on parenting functions, drawing on collateral information about the child's presentation and needs from the records provided, rather than a separate psychiatric assessment of the child.

How do you address a parent who denies any mental health difficulty?

The report records the parent's own account, sets it against the available records and observed presentation, and reasons transparently about any discrepancy. Denial of difficulty is addressed as part of the clinical picture rather than treated as determinative in itself.

Can a report be prepared quickly where a permanence timescale is tight?

Realistic timescales depend on the volume of agency records to be reviewed. Confirm the welfare timescale at enquiry stage so that an accurate estimate can be given before the instruction is accepted.

Psychiatric expert witness in Scottish family actions

A psychiatric report in a family action is concerned with the welfare of the child, and it addresses that welfare through the lens of a parent's or carer's mental health rather than through a general character assessment. I am instructed by pursuer and defender agents in section 11 actions, by local authorities and curators ad litem in permanence and adoption proceedings, and occasionally directly by the court.

These instructions require particular care in separating diagnosis from parenting capacity: a psychiatric diagnosis does not, of itself, answer whether a parent can meet a child's needs, and the report must show the reasoning that connects clinical findings to the welfare question actually before the court.

Scope of opinion

What I can advise on

Whether a parent meets diagnostic criteria for a recognised psychiatric disorder, including personality difficulties, and the severity and stability of that disorder.
The relationship, if any, between the parent's mental health and their capacity to provide safe and consistent care, addressed by reference to specific parenting functions rather than diagnosis alone.
Prognosis with and without treatment, and the timescale over which meaningful change could realistically be expected, set against the child's own timescale for permanence.
The effect of alcohol or substance misuse on mental state and on parenting capacity, and the reliability of any reported abstinence.
Insight, engagement with treatment and services, and the parent's own account of difficulties, compared against records held by other agencies.
Risk factors relevant to contact arrangements, including supervised or reduced contact, and any psychiatric factors bearing on a parent's presentation during contact.
Whether reported symptoms are consistent with the parent's account, with collateral records and with observed presentation at interview.
Where relevant, the mental health of a child or young person insofar as it bears on residence, contact or welfare, addressed within the limits of my competence in adult psychiatry.

Where a question calls for child and adolescent psychiatric opinion, or for psychological testing of parenting capacity, I identify that clearly and recommend the appropriate discipline rather than extend the opinion beyond adult psychiatric practice.

Typical instructions

Contact dispute with a parent's depressive illness in issue: One party asserts that the other parent's depressive illness affects their ability to manage unsupervised contact. The report separates the diagnostic question from the welfare question, and addresses specifically what the disorder does and does not affect in day-to-day care.
Permanence proceedings with a history of relapsing mental illness: A local authority seeks an opinion on prognosis and the realistic timescale for change, where a parent has a history of relapsing psychiatric illness and a child requires a permanence decision within a defined welfare timescale.
Substance misuse alongside a personality difficulty: An instruction where alcohol misuse and features of personality disorder are both said to affect parenting. The opinion addresses each factor separately, and considers the combined effect on capacity to parent consistently over time.
Section 11 action with a fixed proof and cross-examination expected: A residence and contact dispute where a proof date is fixed and the psychiatric evidence is expected to be tested directly. Availability for the diet is confirmed at enquiry stage before the instruction is accepted.

The report

What the report includes

The report records the instructions received, the specific welfare questions the court or curator has asked to be addressed, the documents considered — including any local authority, health visiting, GP and addiction service records — and the account given by the parent at interview, clearly distinguished from other sources of information.

The mental state examination and diagnostic formulation are set out, followed by an opinion section that works from diagnosis to specific parenting functions — for example emotional availability, consistency of routine, response to a child's distress — rather than resting on diagnosis as a proxy for capacity.

Where the evidence permits more than one reasonable view of prognosis or capacity, that range is stated together with the reasons for the view preferred, and the report closes with the required statement of independence and duty to the court.

Timescales

Timescales and format

Assessment is usually carried out in person in Greater Glasgow or at an agreed venue, since parenting capacity questions generally benefit from direct clinical observation; remote assessment is considered where it is genuinely appropriate to the individual and the question asked.

Report turnaround runs from receipt of the complete records from all relevant agencies, not from the date of instruction: [CLIENT TO CONFIRM: X weeks]. Where a permanence timescale or a fixed proof date applies, that should be confirmed at enquiry stage.

Supplementary reports on further records, joint reports with another instructed expert, and attendance at a proof or a permanence hearing are all available on the terms set out under fees and timescales.

Questions

Frequently asked questions

Do you assess both parents in a section 11 action?: This depends on the instruction and on conflict considerations. Where both parties wish an opinion, separate instructions and separate reports are usual, and a conflict check is carried out before any instruction is accepted.
Will the report say whether a parent should have contact?: The report gives a psychiatric opinion on diagnosis, prognosis and the parenting functions affected by any disorder identified. The ultimate decision on contact or residence is for the court, informed by that opinion alongside the other evidence.
Can you comment on parenting capacity without meeting the child?: Yes. The opinion is directed at the parent's mental state and its effect on parenting functions, drawing on collateral information about the child's presentation and needs from the records provided, rather than a separate psychiatric assessment of the child.
How do you address a parent who denies any mental health difficulty?: The report records the parent's own account, sets it against the available records and observed presentation, and reasons transparently about any discrepancy. Denial of difficulty is addressed as part of the clinical picture rather than treated as determinative in itself.
Can a report be prepared quickly where a permanence timescale is tight?: Realistic timescales depend on the volume of agency records to be reviewed. Confirm the welfare timescale at enquiry stage so that an accurate estimate can be given before the instruction is accepted.

Instructing

Instructing Dr Qureshi

Instructions are accepted from pursuer and defender agents, insurers, regulatory bodies and occupational health providers. A conflict check is carried out before any instruction is accepted.

Send a letter of instruction Check availability and conflicts

Or call 07739 587092.