Call to Ban Unregulated Experts in Family Court Cases
A significant change is being proposed to the way expert evidence is used in family courts in England and Wales, as the Ministry of Justice responds to growing concerns over the use of unregulated or underqualified psychologists in care proceedings.
Currently, family courts can hear evidence from a range of expert witnesses—including psychologists—when making decisions about the welfare of children. However, there have been troubling cases in which decisions, including the removal of children from their parents, have been based on assessments provided by individuals who lack appropriate qualifications or are not properly regulated by professional bodies.
In response, the Government has launched a public consultation seeking views on whether only regulated, professionally accredited psychologists should be permitted to give expert psychological evidence in family proceedings.
What’s the Issue?
Family courts handle sensitive and life-altering cases, particularly involving children’s welfare. When deciding whether a child should be placed into care or removed from their family, the court often relies heavily on expert evidence—particularly psychological assessments that may evaluate parental capacity or a child’s emotional needs.
However, a number of high-profile cases and media investigations have highlighted that some individuals giving such evidence were not registered with the Health and Care Professions Council (HCPC), the statutory regulator for practitioner psychologists in the UK. In some instances, these individuals held no recognised clinical qualifications or experience, raising serious questions about the fairness and accuracy of their assessments.
Proposed Reform
Under the proposed changes, only psychologists who are registered with the HCPC and hold protected titles—such as Clinical Psychologist or Forensic Psychologist—would be allowed to act as expert witnesses in family court proceedings.
This move would align the use of expert witnesses with existing standards in other areas of legal practice, and offer greater protection for vulnerable families by ensuring that only qualified professionals can influence crucial court decisions.
Justice Minister Lord Bellamy KC commented:
“Decisions made in the family court have life-changing consequences. It is essential that expert evidence is of the highest possible standard and comes from those who are properly trained and professionally accountable.”
The Public Consultation
The Ministry of Justice is inviting responses from legal professionals, psychologists, social workers, and the general public on the proposed ban. The consultation is exploring whether new legal safeguards are needed, and how best to implement any regulatory requirements without causing unnecessary delay in family proceedings.
One option under discussion is for family courts to require all psychological experts to provide proof of HCPC registration before their evidence can be accepted. The consultation will also consider transitional arrangements for existing experts and whether additional training or accreditation may be needed for certain specialisms.
Reaction from the Legal Profession
Many family law solicitors and barristers have welcomed the consultation as a necessary step to protect children and uphold justice. However, some caution that restricting the pool of experts could lead to delays in proceedings, particularly in regions where access to HCPC-registered professionals is limited.
Jo Edwards, a partner at a leading family law firm, said:
“While it’s vital that expert evidence is of a high standard, we must also ensure that courts are not left without timely access to assessments. The solution must balance quality with availability.”
What Happens Next?
The consultation is open until later this year, after which the Government will review the responses and decide whether to bring forward legislation or update Family Procedure Rules to enforce the changes. For now, legal practitioners are advised to take extra care when instructing expert witnesses and to ensure that any psychologist they instruct is properly qualified and registered.
As family law experts Ludlow Lane Solicitors are perfectly placed to advise you on your unique case. Contact the team to discuss how we can help you.