The Family Procedure (Amendment) Rules 2026, A New Rules for Expert Witnesses in Children Proceedings.

From July 20th 2026, the Family Procedure (Amendment) Rules 2026 came into force, introducing a significant change to how expert witnesses can be instructed in children proceedings in England and Wales.

For the first time in any of the procedural rules, there is now a formal requirement that expert witnesses in children proceedings must be regulated.

What Has Changed in the Family Procedure (Amendment) Rules 2026?

The amendment inserts a new rule 25.5A into the Family Procedure Rules 2010. In simple terms, where a party seeks the court’s permission to instruct an expert in children proceedings issued on or after 20 July 2026, that expert must be a regulated expert.  

The rules define a regulated expert as someone who is:

• Regulated by a UK statutory body (such as the HCPC or GMC), or
• On a register accredited by the Professional Standards Authority for Health and Social Care, or
• Regulated by an approved regulator under the Legal Services Act 2007

Previously, there were no equivalent requirements in the procedural rules themselves. Whilst in practice courts and practitioners have generally expected experts to hold relevant professional qualifications, that expectation was not formalised in this way.

Are There Any Exceptions in the Family Procedure (Amendment) Rules 2026?

Yes, three categories of expert are exempt from the regulated expert requirement:

• International social workers
• Technical experts, defined as experts providing evidence on digital forensics, DNA testing, handwriting analysis, or toxicology testing
• Experts instructed in financial provision for children

In addition to these the court may give exception:

• Where no regulated expert is available, the court retains the discretion to give permission to instruct an unregulated expert. This applies in two circumstances:
  • • Where the issue in question can only be resolved by someone who is not a regulated expert, or
    • Where instructing a regulated expert would cause significant delay that would not be in the best interests of the child.

If the court exercises this discretion, it must give reasons, including the steps taken by the parties to identify a regulated expert and why the expert instructed meets the standards set out in Practice Direction 25B.

What Does This Mean in Practice?

For solicitors instructing experts in children proceedings, the practical implications are straightforward but important.

From Monday 20th July 2026, for any new children proceedings, you need to ensure that any expert you intend to instruct holds the appropriate regulatory status before seeking the court’s permission. Instructing an unregulated expert, unless you can demonstrate that no regulated expert was available, will not meet the new threshold.

It is worth noting that the saving provision in rule 6 of the amendment means these changes do not apply to proceedings issued before 20 July 2026. If your matter was already underway, the previous position continues to apply.

What This Means for Psychology Direct

We have always ensured that all Psychology Direct’s expert witnesses are regulated by a UK statutory body. Our psychologists are registered with the HCPC and our psychiatrists with the GMC, placing them within the definition of regulated experts under the new rules.

If you are instructing an expert for children proceedings and want to discuss your requirements, our team is happy to help. 

Call us on 01306 879 975 or use our contact form here.