#2026/699Family Procedure Amendment Rules 2026
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This law changes the family court rules in England and Wales to tighten how expert evidence is used in children proceedings. In most cases, courts may only approve expert evidence from experts who are regulated by a UK statutory body, listed on an accredited register, or regulated under the legal services framework. The change affects family court parties, lawyers, expert witnesses, social workers, and organisations involved in children cases. There are exceptions for international social workers, technical experts such as DNA or digital forensics specialists, and Schedule 1 Children Act proceedings. Courts can still allow an unregulated expert if no suitable regulated expert is available, but they must explain why.
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Key Changes
- Allows practice directions to set rules for court permission to share information from family proceedings
- Defines regulated experts and technical experts for family procedure purposes
- Requires expert evidence in most children proceedings to come from regulated experts unless an exception applies
Obligations
What this law requires
In children proceedings, expert evidence requiring permission under section 13(1), (3) or (5) of the Children and Families Act 2014 may only be approved if the evidence is from a regulated expert, unless a listed exception applies.
A person proposed as an expert in children proceedings must qualify as a regulated expert by being regulated by a UK statutory body, listed on a Professional Standards Authority accredited register, or regulated by an approved regulator under the Legal Services Act 2007.
The regulated-expert requirement does not need to be applied where the expert evidence is from an international social worker, a technical expert, or an expert instructed in proceedings under Schedule 1 to the Children Act 1989.
Technical experts providing evidence on digital forensics, DNA testing, handwriting analysis, or toxicology testing are exempt from the regulated-expert requirement in children proceedings.
Where no regulated expert is available, the court may permit instruction of an unregulated expert for expert evidence in children proceedings.