Home › Guides › Unregulated experts in child cases: the 2026 rules
Since 20 July 2026, courts in England and Wales have been much more restricted in allowing expert witnesses who are not regulated to give evidence in cases about children. A judge can now permit an unregulated expert only in narrow circumstances: when no regulated expert is available for the issue, or when finding one would cause significant delay. The judge must also give reasons for the decision. The new rules apply to proceedings started on or after 20 July 2026, so earlier cases are not affected.
This article explains what the rules say, who counts as a regulated expert, and what to check if you are involved in a case where an expert has been proposed.
What the new rules cover
The change was made by the Family Procedure (Amendment) Rules 2026. They amend the Family Procedure Rules 2010, which set out how family proceedings work in England and Wales. The new rule is numbered 25.5A, and it deals with expert evidence in children’s proceedings.
Some press coverage describes the change as covering family cases in general. The rule text is narrower than that, so if your case is about money or property rather than children, check with your solicitor before assuming the rule applies.
The rules do not apply to Scotland or Northern Ireland, which have their own systems.
Who counts as a regulated expert
Under the amended rule 25.2, an expert is regulated if they fall into one of three groups:
- they are regulated by a UK statutory body;
- they are on a register accredited by the Professional Standards Authority for Health and Social Care; or
- they are regulated by an approved regulator under the Legal Services Act 2007.
Accredited voluntary registers count, so a listing on one of those does not on its own prove that a professional is regulated by statute. It is worth checking the register named by the expert and confirming their entry is current.
For the professions you are most likely to meet, the checks look like this:
| Expert | Where to check |
|---|---|
| Practitioner psychologist | The HCPC’s Check the Register lists psychologists under their profession. |
| Psychiatrist or other doctor | The General Medical Council (GMC) register shows whether a doctor holds a current licence. |
| Social worker | Social Work England regulates social workers, and its register is the place to check. |
If an expert does not appear on the relevant register, ask why. An unregistered psychologist, for example, is not a regulated expert under the new rule unless one of the exceptions applies.
The exceptions
The rule does not ban unregulated experts outright. It does set out cases where the usual requirement does not apply:
- International social workers. These experts are outside the rule.
- Technical experts. These are experts giving evidence on digital forensics, DNA testing, handwriting analysis or toxicology.
- Experts instructed under Schedule 1 to the Children Act 1989. These appointments are also excluded.
Apart from those groups, a court may allow an unregulated expert only if no regulated expert is available. That can happen where the issue can only be resolved by someone with a particular expertise that no regulated expert has, or where instructing a regulated expert would cause significant delay in the proceedings.
What the judge has to explain
If a judge does allow an unregulated expert, the rule says the court must give reasons. Those reasons must cover the steps taken to find a regulated expert, and why the expert who has been proposed meets the standards in the annex to Practice Direction 25B.
Some commentary says those reasons must be written. The rule itself says the court “must give reasons”, so read the order you are given and ask your solicitor if you are unsure what has been decided and why.
Why the change matters to families
Investigative reporting earlier in 2026 raised concerns about unregulated experts whose advice in some care cases was later questioned. Campaigners and clinical psychologists have welcomed the change as a major step, though some family barristers say the rules make it very hard to instruct the kinds of unregulated professionals described in that reporting. Both views are worth knowing if you are trying to understand what has changed.
The new rule is a tightening, not a full stop. It means a judge has to justify each time they go beyond the regulated group, and that is a useful question to put to your solicitor.
What to do if an expert is proposed in your case
- Ask for the expert’s name and profession. Your solicitor should be able to tell you this early.
- Check the register that applies. Use the links in the table above. Note whether the expert is on the register and whether the entry is current.
- Ask whether a regulated expert was considered. If the answer is no, ask what the court was told.
- Ask for any reasons given in the order. If the court has allowed an unregulated expert, the reasons should say why.
- Keep records. Note dates, letters and any orders, so that you can follow the timetable.
Do not rely on an expert’s website, a directory listing or a short biography alone. Registration is a starting point, and you should also ask about experience in similar cases and whether they have given evidence in court before.
Key points
- From 20 July 2026, unregulated experts in children’s cases in England and Wales are allowed only in narrow circumstances.
- The rule applies to proceedings started on or after 20 July 2026.
- A regulated expert is one on a UK statutory register, a PSA-accredited register, or regulated under the Legal Services Act 2007.
- Technical experts, international social workers and certain Schedule 1 experts are outside the rule.
- If an unregulated expert is allowed, the court must give reasons.
Frequently asked questions
Do the new rules apply to cases that started before 20 July 2026? No. The expert evidence changes apply to proceedings started on or after that date. Expert appointments made earlier are not affected.
Does this apply to every family case? No. The new rule 25.5A deals with children’s proceedings. Other family matters are governed by different parts of the rules, so ask your solicitor which rules apply to your case.
Is a psychologist always a regulated expert? No. A psychologist is regulated under the rule only if they are on a register that counts, such as the HCPC register for practitioner psychologists.
Can the court still use an unregulated expert? Yes, but only where one of the stated conditions is met, and the court must give reasons for its decision.
Where can I check whether an expert is regulated? Use the register for their profession. For psychologists, that is the HCPC register. For doctors, use the GMC register. For social workers, use the Social Work England register.
Is this legal advice? No. This article describes the published rules as of October 2026. If you are involved in a case, speak to a solicitor who works in family law.
This site is an archive of a consultant psychiatrist’s medico-legal practice in Bromley. That practice has closed and takes no new instructions. Its guide on how to find and check an expert witness still sets out useful questions to ask, but some of its details are out of date, so use it as a starting point and check current rules and fees with your solicitor.