Regulation of Experts in Family Courts

The Family Procedure Rule Committee, which sets the rules in family court cases, has proposed the changes, which have just completed their public consultation, following concerns about court-appointed experts, who advise on life-changing decisions without having the necessary qualifications and oversight.

Who will be considered a regulated expert?

If the ban goes ahead, any experts in family court proceedings will need to be regulated by a UK statutory body – which for psychologists would be the HCPC – on a register accredited by the Professional Standards Authority (PSA), or regulated by an approved regulator under the Legal Services Act 2007.

The role of expert witnesses in family proceedings

In family court proceedings, expert witnesses provide specialist knowledge and opinions to assist the court in understanding a range of complex issues including child development, child welfare, parental capacity, mental health, parenting abilities and complex financial matters. They offer insight and evidence based on their expertise, enabling the court to make informed decisions about a child’s welfare.

The most common experts used in family courts are child psychologists, family psychologist or psychiatrists, clinical psychologists, social workers, domestic violence specialists, drug and alcohol analysts, GPs and forensic accountants.

Current concerns around unregulated experts

In recent years, concerns have been raised about court-appointed psychologists being instructed to carry out psychological assessments, make diagnoses, give advice on mental health, substance misuse, trauma, relationship difficulties, abuse and recommend therapy well beyond their expertise. And the fact that the evidence they provide informs life-changing decisions made by judges about the welfare of children is in itself very worrying

Why psychologists are central to this debate

Part of the issue is that anyone can call themselves a “psychologist.” The title “psychologist” is not protected by law in the UK, meaning anyone can call themselves a psychologist without specific qualifications or registration. And recent cases have illustrated how psychologists and psychotherapists have pushed their personal beliefs without having any qualifications.

This fact has led to issues with some landmark cases where vulnerable children have been placed at risk because of evidence from unregulated experts citing ‘parental alienation’ (a child’s rejection of one parent because they have been manipulated by the other), which has resulted in them being separated from their mothers and forced them to live with and have contact with fathers accused of violence and abuse.

Potential impact on family court cases

It is hoped that this change will be a positive one for families, leading to fairer and more accurate decisions being made. Jonathan Miller, Senior Solicitor in Alsters Kelley Family: Divorce, Child Contact & Finances department, said. “The proposed reform to expert witnesses will enhance the consistency, reliability, confidence, objectivity, and efficiency of expert testimony in legal proceedings. The reforms should ensure that only qualified professionals with recognised expertise are able to contribute, which should reduce costs, and promote unbiased and impartial outcomes.”

What solicitors and families should do now

Jonathan continued. “If the ban comes into force as solicitors, expert reports will need to be obtained from individuals registered with specific, relevant bodies (e.g., HCPC, PSA-accredited registers). In addition, clear and concise instructions will need to be given to experts so that they completely understand the scope and purpose of their advice. Families may also be affected. It will be essential for parties to be advised of the process and to understand that there could be the potential for delays and maybe even additional costs due to fewer qualified experts being available.”

Initial fixed fee meeting to discuss your options

We offer an initial fixed fee meeting for tailored advice with no-obligation, for £360 including VAT. With offices covering Banbury, Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam we are very accessible too. Please contact Jonathan Miller on 01926 356000, email jonathan.miller@alsterskelley.com for more information.