Proposed Changes to Family Procedure Rules: Regulating Experts in Children Proceedings

In March 2025, the Family Procedure Rule Committee launched a consultation on proposed changes to the Family Procedure Rules. These changes aim to improve the way experts are involved in children’s legal cases, with a focus on ensuring that any expert evidence is trustworthy and reliable.

The main concern driving these changes is the use of unregulated experts, particularly in cases involving allegations of parental alienation. In many situations, experts provide opinions that can significantly influence the outcome of a case, so it’s crucial that their qualifications and skills are up to standard.

Key Proposed Changes

The proposed amendments to the Family Procedure Rules include the introduction of FPR 25.5A, which sets clear guidelines on who can be considered a "regulated expert." According to this new rule, the court will only allow the use of an expert who is properly regulated, ensuring they meet the required standards for their role. A "regulated expert" is defined as someone who is:

1. Regulated by a UK statutory body 
2. Listed on a register accredited by the Professional Standards Authority.
3. Regulated by an approved regulator under the Legal Services Act 2007.

These guidelines aim to make sure that experts are not only qualified but also held accountable for their work, which is particularly important in children’s cases.

Exceptions to the Regulation Requirement

There are some exceptions to this regulation requirement. For example, international social workers are exempt from needing to be a regulated expert. Furthermore, if a regulated expert is unavailable—meaning there is no one qualified to do the work at that moment—the court may allow the use of an unregulated expert. However, this is only allowed if:

• The issue at hand can only be resolved by an unregulated expert.
• Delaying the use of an unregulated expert would not be in the best interest of the child.

In such cases, the court must explain why the unregulated expert was chosen, ensuring transparency and accountability in the process.

Additional Changes

The proposed amendments also suggest updates to Practice Directions 25B and 25C. These changes would require experts to confirm their regulated status and provide proof of their qualifications before they can be involved in a case.

Why Are These Changes Important?

The aim of these changes is to ensure that expert evidence in children’s proceedings is not only accurate but also reliable. With children’s well-being at stake, it is vital that any expert testimony comes from professionals who are qualified, regulated, and trusted. This move should help reduce the risks associated with unqualified or unregulated individuals influencing critical decisions in family law cases.

How You Can Get Involved

The Family Procedure Rule Committee is seeking feedback from the public, legal professionals, and other stakeholders on the proposed changes. They are particularly interested in hearing whether there are any experts who may be overlooked by the new rules or if people have concerns about the regulation of experts in children’s cases.

If you’d like to share your views, you can submit your response by 5:00 pm on 6 June 2025. Responses can be sent by email to fprcsecretariat@justice.gov.uk or by post to Irynne Anderson at the Ministry of Justice.

Final Thoughts

These proposed amendments mark a significant shift towards strengthening the role of experts in children’s proceedings. By ensuring that all experts involved are properly regulated and qualified, the aim is to provide greater protection for children, ensuring that any decisions made in their best interests are supported by credible, well-informed advice.

If you have any questions or concerns about how these changes might impact a specific case or would like to learn more about the consultation process, it’s important to seek legal advice from a professional who can guide you through the complexities of family law.

Jamie Beland