Introducing the role of the expert witness

This is one of a series of articles available at www.nvqweb.com that aim to develop understanding of NVQs and their assessment.

The role of the expert witness in specialised units

The role of expert witness is introduced in the assessment stategies for both the 'Health and Social Care' and Health' NVQ Awards. "Where there is no NVQ Assessor with occupational competence for specialist units an ‘Expert Witness' is now able to contribute evidence for such units".

Thus the primary intention of the role expert witness is to provide the key source of assessment of competence for specialist units. This is specifically for units where the assessor does not hold occupational competence.

It is not a requirement that centres have to use expert witness. It is only necessary where it is needed to assess a unit where an occupationally competence assessor is not available.

As an example take a senior care assistant working within a care home. Their NVQ assessor is able to assess the core units plus units related to personal care and care planning. However this candidate also wishes to take a unit on administering medication, which is not part of their NVQ assessor's competence. In this case a pharmacist or registered nurse who is already involved in evaluating staff in this role, could be given the role of expert witness to contribute evidence of assessment for this unit. The NVQ assessor would then be able to use this evidence, perhaps alongside other evidence collected, in order to make their own final judgement on the candidate's competence for this unit.

As well as providing evidence the expert witness may also be a useful source of technical advice for the NVQ assessor.

The role of the expert witness evidence in other non-specialist and core units

Expert witness evidence cannot replace the evidence (including observation) normally required of the NVQ assessor for any units where the NVQ assessor is occupationally competence or for the core units. In health care settings where the candidate might only take 2 core units it is also a requirement that the assessor must also carry out the observation for at least 2 of the optional units.

This does not mean that it will be impossible to use evidence from the expert witness in other units. The point is that this evidence may only be used in addition to evidence required from the NVQ assessor. This gives it a similar standing to normal witness testimony where it may be valuable additional evidence for covering contingencies and for evidence of reliability.

Role differences between awarding bodies

There does appear to be a subtle difference in interpretation between Edexcel and City and Guilds in how expert witness evidence might be used.

C&G state: "The role of the expert witness is to provide testimony to the competence of candidates in meeting the national occupational standards identified in any given unit. This testimony must directly relate to candidate performance in the workplace that has been seen by the expert witness" (C&G 2005).

This can be contrasted with Edexcel who state: "It is best to avoid the term ‘expert witness testimony' and use instead ‘expert witness evidence', which may or may not be testimony" (Edexcel 2005). This might suggest that evidence from the expert witness can be more than just observation of performance and might for example include questioning and other sources of evidence.

Selection of Expert Witnesses

The selection criteria for the Expert Witness is laid down in the ‘assessment strategies' for the ‘Health and Social Care' and ‘Health' NVQ Awards. This states an expert witness must hold;

• a working knowledge of NOS for the competences on which their expertise is based
• current expertise and occupational competence i.e. within the last two years, either as a practitioner or manager, for the competences on which their expertise is based. This experience should be credible and clearly demonstrable through continuing learning and development. In due course the implementation of regulatory requirements may mean that expert witness will need to hold appropriate Care / Health qualifications.
• either any qualification in assessment of workplace performance, such as L20 from the Learning and Development suite, Support Competence Achieved in the Workplace, OR a professional work role which involves evaluating the everyday practice of staff.
   

Implications for Internal Verifiers and Assessment Centres

In some ways assessment centres will need to be treat expert witnesses in a similar way to assessors.

Internal verifier will need to select and carry out checks on the suitability of expert witness to ensure they meet the above requirements. These checks and judgements made will have to be documented in order to provide an audit trail for quality assurance purposes.

City and Guilds state that for managers/supervisors acting as expert witnesses a CV and job profile or job description is required. Peers acting as expert witnesses will also have to provide validated copies of certificates of work based assessment such as D32,33,A1,A2 or L20. If peer expert witnesses are working towards these qualifications this will need to be evidenced. Again there appears to be a different in requirements between awarding bodies. Edexcel do not appear to have been so prescriptive in their guidance and leaving it to centres to decide how to evidence that how an expert witness meets the required criteria.

Once identified Expert Witnesses will need to receive an induction to their role. This will need to include making them aware of the occupational standards for which they are contributing evidence and the centres requirements for recording evidence.

To meet the above requirements internal verifiers and centres may need to consider develop a policy, induction package and recording requirements for the role of expert witness.

In conclusion

In the past those in a position to provide expert evidence often did not always have the time or inclination to take on the full role of an assessor. The new role of expert witness will hopefully allow this expertise to be more effectively accessed. Together with the 'coordinating assessor' role it will be much easier to meet individual needs of candidates using a team approach to assessment.

Centre's will need to ensure policies and recording is in place to support and develop this role and to meet quality assurance requirements.

If you would like evidence of your personal development download the CPD quiz at the bottom of this page (CPD quiz).

Further reading and references

Skills for Care (2004) Health and Social Care NVQ/SVQ (Levels 2, 3 and 4)
Assessment Strategy

Skills for Health (2004) Health NVQ/SVQ Awards Level 2 and 3
Assessment Strategy

City & Guilds (2005) NVQ in Level 2. 3 and 4 Health and Social Care standards and assessment requirements.

City and Guilds (Jan 2005) Frequently Asked Questions The new Health and Social Care N/SVQs

Edexcel (2005) National Qualifications Framework - Edexcel Level 2, 3 & 4 NVQs in Health and Social Care. Automatic Approval Process and Frequently Asked Questions

Edexcel (2005) Sector guidance for centres - Levels 2, 3 and 4 NVQs within Health and Social Care - Issue 1 - February 2005

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