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12 - Records and reports

Published online by Cambridge University Press:  26 August 2022

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Summary

Details in written material may be used to challenge or support a person’s asylum case, usually relating to credibility. There may be intense scrutiny of clinical material by people without clinical training. Writing records, letters and reports for people seeking asylum requires careful attention to confidentiality and consent, use of impartial, precise language and distinguishing direct quotes from opinion and summary. Clinicians should record any disclosure of scars of physical injury even if they cannot conduct a physical examination. Records and letters may contain imprecision, uncertainty and errors and may be misinterpreted or given undue weight. Before releasing records, clinicians need to ensure consent is up-to-date and adequately informed, and to add a caveat about the limitations of such records. Clinicians may prepare letters or reports for use in legal proceedings acting in an everyday clinical role (as a professional witness) or as an expert witness.They may be asked to address issues such as: causation; reporting requirements; fitness to give evidence; capacity; vulnerable adult status; asylum support; fitness to fly; age dispute; fitness to fly; trafficking.

Type
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Seeking Asylum and Mental Health
A Practical Guide for Professionals
, pp. 230 - 252
Publisher: Cambridge University Press
Print publication year: 2022

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References

Bramley, S. (2000). Medical records and the law. BJU International: 86 (3): 286290Google Scholar
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Home Office (2021). Medical evidence in asylum claims. www.gov.uk/government/publications/medical-evidence-in-asylum-claimsGoogle Scholar
Joint Presidential Guidance Note (2010). Child, vulnerable adult and sensitive appellant guidance, Joint Presidential Guidance Note No 2 of 2010. Judiciary UK. www.judiciary.uk/wp-content/uploads/2014/07/ChildWitnessGuidance.pdfGoogle Scholar
Migrants Organise (2021). Without capacity. Mental Capacity as a barrier to justice in the immigration system. Migrants Organise, London. https://migrantsorganise.org/migrants-mental-capacity-advocacy-project-impact-report-launch/Google Scholar
OHCHR (UN Office of the High Commissioner for Human Rights) (2004). Manual on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment (‘Istanbul Protocol’), HR/P/PT/8/Rev.1, www.ohchr.org/documents/publications/training8rev1en.pdf. Last accessed 17. 11.2021Google Scholar
Witkin, R. and Robjant, K. (2018). The trauma-informed code of conduct for all professionals working with survivors of human trafficking and slavery. London: Helen Bamber Foundation.Google Scholar

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