Unregulated experts in family court face ban

Unregulated experts could be banned from the family courts under new proposals for proceedings involving children in England and Wales.

- Hannah Summers

The Family Procedure Rule Committee, which sets the rules in family court cases, has proposed changes to the rules, which are now out for public consultation. It follows growing concern from MPs and campaigners about court-appointed experts who advise on life-changing decisions without having the necessary qualifications. But some organisations say it does not go far enough.

The court can appoint experts to carry out assessments and provide evidence that informs judges' decisions on child welfare matters, such as which parent a child should live with or whether they should be placed in the care of the local authority.

In recent years, concerns have been raised about court-appointed psychologists being instructed to carry out assessments, make diagnoses and recommend therapy beyond their expertise. The concerns, first highlighted in the Observer in 2022, relate in particular to cases featuring allegations of "parental alienation" - a disputed concept that describes a child's rejection of one parent because they have been manipulated by the other.