The key message is that we ought to stop using the word Disclosure, unless there has been a Finding of Fact hearing carried out by the court. We risk all our efforts gathering evidence for proceedings to be disregarded if we (as expert witnesses) continue to use the incorrect terminology.

1. Why we need to change the language that
we use in relation to allegations.
Here’s an interesting, & important reminder around the language that we
use when describing allegations made by children, or adults. Courts
have been disregarding assessments & reports due to the incorrect use
of terminology.
This may be deemed important enough to circulate to all staff members
who are involved in assessing & compiling reports on both adults, &
children, as well as those responsible for chairing & minute taking of any
meetings that discuss allegations.
The key message is that we ought to stop using the word Disclosure,
unless there has been a Finding of Fact hearing carried out by the court.
We risk all our efforts gathering evidence for proceedings to be
disregarded if we (as expert witnesses) continue to use the incorrect
terminology. Using the word 'Disclosure' when what we really mean is
an 'allegation', or 'they said' is a gift to barristers / solicitors / legal
advisors who will likely challenge that a Finding of Fact has been
conducted on behalf of the court by the Local Authority.
Please do not be tempted to use the word disclosure in your written
work, & especially not when you are in Court giving oral evidence.

2. This is a trap, & you must not fall into it – disclosure is a word that is
used to refer to matters that have been determined as fact, & until such
determination of fact, the correct words are “allegation” or “said”.
To use the word disclosure assumes a finding has been made, & usually
when I see it being used, it hasn’t. It undermines your position as an
expert witness because you become partisan (as it assumes you believe
what has been said before the Court has considered the evidence), &
immediately opens you up to unpleasant cross examination, which can
so easily be avoided.
For further reading, please see the Andrew Pack article on the pitfalls of
using the word “disclosure” when “allegation” or “said” is more
appropriate on his legal blog SuesspiciousMinds - Disclosure |
suesspicious minds The Transparency Project also has a helpful article
on the issue - Things children say – Disclosure, allegations and why
language matters | The Transparency Project
For those of us who are old enough to remember the Cleveland report in
real time (it dates back to 1987) this issue was spelt out – & I’m sure that
all of you have had recourse to study or will have been trained in the
outcomes. It may be 36 years old, but the guidance is still solid.
We want to ensure you have the best experience in Court & get the
outcome that you feel is appropriate. By following this guidance this will
help you achieve both!