The Family Procedure (Amendment) Rules 2026
Amended the Family Procedure Rules 2010 to require that experts in children proceedings be regulated by statutory or accredited bodies, subject to specific exceptions for technical and international experts.
This statutory instrument amends the Family Procedure Rules 2010 to regulate the use of expert evidence in children proceedings and specify how information from proceedings may be shared.
It mandates that courts in England and Wales generally only permit expert evidence from 'regulated experts'—those overseen by recognized UK statutory or professional bodies—unless specific exceptions apply, such as for technical analysts or when a regulated expert is unavailable.
The order also authorizes the creation of practice directions regarding the court's permission to communicate information from financial remedy and other family proceedings.
Arguments For
The instrument states that its purpose is to ensure that expert evidence in children proceedings is provided by regulated experts, defined as those overseen by UK statutory bodies, the Professional Standards Authority, or legal regulators.
Proponents may argue that the rules establish a clear standard for expert qualifications while maintaining flexibility through exceptions for technical experts (such as DNA or toxicology specialists) and international social workers.
The document includes a provision allowing for non-regulated experts when none are available or when waiting for a regulated expert would cause delays detrimental to the child's best interests.
The legislation indicates that new rule 9.47 allows for future practice directions to clarify how courts may permit the communication of information from proceedings.
Arguments Against
Legal practitioners might express concern that the requirement for regulated experts could reduce the pool of available specialists in niche areas of child welfare.
Critics may argue that the criteria for establishing the unavailability of a regulated expert under rule 25.5A(4) are subjective and may lead to inconsistent application across different courts.
Administrative burdens may increase for legal parties who must now document and justify the steps taken to find a regulated expert before an alternative can be approved by the court.
Stakeholders in the legal sector might question the lack of a full impact assessment, despite the document's claim that no significant impact on the private or public sector is foreseen.
- -(1) These Rules may be cited as the Family Procedure (Amendment) Rules 2026.
- (2) These Rules extend to England and Wales.
- (3) These Rules come into force on 20th July 2026.
This section establishes the official title of the legal instrument and confirms its geographical jurisdiction over England and Wales.
It sets the formal commencement date for the new regulations as 20th July 2026.
- The Family Procedure Rules 2010( 2 ) are amended in accordance with rules 3 to 5 of these Rules.
This provision identifies the primary legislation being modified, which is the Family Procedure Rules 2010.
It serves as the legal link that incorporates the subsequent changes into the existing regulatory framework for family courts.
- After rule 9.46 (communication of information: Practice Direction 9B) insert-
' Communication of information with the permission of the court
9.47. A practice direction may make provision in relation to the court giving permission to communicate information from proceedings.'
This rule adds a new provision allowing for the creation of practice directions that govern how courts grant permission to share information from family proceedings.
It enables the judiciary to set specific administrative procedures for the disclosure of case-related information to third parties.
- In rule 25.2 (interpretation)-
- (a) after the definition of 'expert' insert-
''regulated expert' means an expert who is-
- (a) regulated by a UK statutory body;
- (b) on a register accredited by the Professional Standards Authority for Health and Social Care; or
- (c) regulated by an approved regulator under the Legal Services Act 2007( 3 );';
(b) after the definition of 'single joint expert' insert-
''technical expert' means an expert who provides evidence on-
- (a) digital forensics;
- (b) DNA testing;
- (c) handwriting analysis; or
- (d) toxicology testing.'
This section introduces new legal definitions into the rules to distinguish between different types of experts.
It defines a 'regulated expert' based on their registration with statutory or professional authorities and defines a 'technical expert' based on specific scientific or forensic fields such as DNA or toxicology.
- After rule 25.5 (further provisions about the court's power to restrict expert evidence) insert-
' Requirement for experts to be regulated in children proceedings
25.5A. -(1) Subject to paragraphs (2) and (3), the court may only give permission under section 13(1), (3) or (5) of the 2014 Act( 4 ) if the expert evidence is from a regulated expert.
(2) The requirement set out in paragraph (1) does not apply to expert evidence from an international social worker, a technical expert or an expert instructed in proceedings under Schedule 1 to the 1989 Act( 5 ).
(3) The court may give permission under section 13(1), (3) or (5) of the 2014 Act to instruct any expert where there is no regulated expert available.
(4) For the purposes of paragraph (3), no regulated expert is available where-
- (a) the issue to which the expert evidence relates may only be resolved with the expertise of an expert who is not a regulated expert; or
- (b) the instruction of a regulated expert would cause significant delay in the proceedings which would not be in the best interests of the child.
(5) If permission is given under paragraph (3), the court must give reasons for its decision, including-
- (a) the steps taken by the parties to identify a regulated expert, and
- (b) the reasons why the expert instructed meets the standards set out in the annex to Practice Direction 25B.'
This rule mandates that experts in children proceedings must generally be 'regulated experts' as defined in rule 4.
It provides exceptions for certain specialist types of evidence and allows courts to bypass the requirement if no regulated expert is available or if hiring one would harm the child's interests through delay.
When a non-regulated expert is used, the court is legally required to provide written reasons detailing the search efforts and the expert's qualifications.
- The amendments made by rules 4 and 5 do not apply to proceedings that were issued before 20th July 2026.
This saving provision ensures that the new requirements regarding regulated experts do not apply retrospectively.
Cases that were already in the court system before the commencement date of 20th July 2026 are exempt from these specific changes.
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