The psychiatric medico-legal assessment
The assessment is a single interview conducted for the court, not a treatment appointment. Its purpose is to establish the psychiatric history, the current mental state and the effect of the events in question on the examinee's functioning, so that the questions in the letter of instruction can be answered.
Duration and structure
Most civil assessments take between 90 minutes and two hours. Complex matters — extensive psychiatric history, addiction alongside trauma, capacity questions or clinical negligence — may take longer, and a break is offered in any assessment running beyond an hour.
The interview covers the personal, family, medical and psychiatric history; the index events and their aftermath; current symptoms; treatment received; substance use where relevant; daily function, relationships and work; and a mental state examination. Records supplied by the instructing agent are read before the appointment, and the account given is compared with them in the report.
Where the assessment takes place
Assessments are conducted in person in Greater Glasgow, at an agreed venue elsewhere in Scotland — instructing agents' offices, advocates' chambers or a hired consulting room — or remotely by secure video where that is clinically appropriate.
Remote assessment is not suitable in every case. Where a capacity question turns on direct observation, where there is significant cognitive impairment, or where the examinee has no private setting available, an in-person appointment is arranged instead. Consulting arrangements by area are set out under locations and coverage.
Home visits and assessments in hospital or prison are available by arrangement where the examinee cannot travel.
Consent and confidentiality
At the start of the appointment the examinee is told who has instructed the report, that the report is for the court or tribunal and will be disclosed to the parties, and that the assessment does not create a treating relationship. Consent to proceed on that basis is recorded in the report.
Where an immediate risk to the examinee or to others emerges, or where a child protection concern arises, the relevant clinical service or authority is informed and the instructing agent is told that this has been done. This limit on confidentiality is explained before the interview begins.
Companions, interpreters and recording
A companion may accompany the examinee to the venue and may sit in for the introduction, but the interview itself is conducted alone. An account given in the presence of a family member is not a reliable basis for opinion, and its circumstances would have to be qualified in the report. Exceptions are made where a carer's presence is clinically necessary, and the reason is recorded.
Interpreters are arranged through the instructing agent, and must be professional interpreters rather than relatives. The interpreter's involvement is recorded in the report.
Covert recording is not permitted. Where a party wishes the assessment to be recorded, this should be raised in advance so that it can be agreed between the parties and arranged openly.
What the examinee should bring
- Photographic identification, so identity can be confirmed in the report.
- A current list of prescribed medication, or the packaging itself.
- The name and address of the current GP practice.
- Details of any treatment under way, including counselling or psychology.
- Any adjustment, interpreter or accessibility requirement, notified in advance.
No preparation of a written account is needed. Instructing agents are asked to explain to the examinee, before the appointment, that the assessment is independent and that the report may not support their position.
After the assessment
No opinion is given to the examinee at the appointment. The report goes to the instructing agent within the timescale set out under fees and timescales, and its structure and standards are described under reports. Where treatment is plainly needed, the examinee is advised to see their GP, and the recommendation appears in the report.
Frequently asked questions
- How long does the assessment take?
- Most civil assessments take between ninety minutes and two hours, with more complex matters taking longer. A break is offered in any assessment running beyond an hour. See duration and structure above for what the interview covers.
- Will I receive a copy of the report?
- The report is disclosed to the instructing party and the court or tribunal, and the examinee is told before the assessment that it is not confidential to them. Whether a copy is provided directly is a matter for the instructing agent to arrange; see reports for how the document is structured.
- Can I bring someone with me?
- A companion may accompany the examinee to the venue and sit in for the introduction, but the clinical interview itself is conducted alone unless a carer's presence is clinically necessary. See companions, interpreters and recording above for the reasoning.
- What happens if I cannot attend?
- The instructing agent should be told as soon as possible so the appointment can be rearranged; a cancellation fee may apply depending on notice given. Where illness prevents attendance on the day itself, the assessment is rescheduled rather than carried out unreliably; see fees and timescales for cancellation terms.
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.
Or call 07739 587092.