The Family Procedure Rules Committee has proposed changes to rules on the appointment of experts in the family court which are now out for public consultation. The review follows mounting concern about the appointment of experts advising on life-changing decisions without appropriate qualifications or regulation. Some commentators welcome the move. Others believe it does not go far enough.
There has been growing calls for change in this area after a series of reviews identified multiple cases of unregulated and unqualified “experts” advising on family law decisions. Under existing rules, the court has the power to appoint experts if it considers it necessary to assist the court to resolve proceedings. A common example is in the case of alleged “parental alienation” in which the court would benefit from the appointment of a psychologist. The issue here is that anyone can refer to themselves as a “psychologist” as it is not a protected title. Whilst current guidance states that psychologists appointed by the court should be regulated by the Health and Care Professions Council (HCPC), an unregulated expert can still be appointed at the judge’s discretion.
The proposed change would mean an expert must either be regulated by a UK statutory body (such as the HCPC) or on a register accredited by the Professional Standards Authority. However, the proposal confirms that an unregulated expert can still be used if the issue in question can only be resolved with the expertise of someone who is not regulated, although the judge would have to give reasons for their decision. Although it seems obvious to only appoint accredited experts, backlogs and delays can influence parties to appoint anyone who is available. This leaves the backdoor open to instructing potentially harmful experts.
The concern in family cases could be the removal of children from their home or a child prevented from seeing a parent. The potential impact and influence of a court appointed expert should never be underestimated.
The public consultation concludes on 6 June 2025 and we will keep a close eye on further developments in this area.
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