The status of an expert witness has become an increasingly important consideration for solicitors working in children proceedings. From 20 July 2026, amendments to the Family Procedure Rules introduced new requirements concerning regulated experts in certain children proceedings.

The changes are significant for legal teams, particularly when a case requires specialist expertise from a professional outside a conventional regulated profession.

What changed?

The amended Family Procedure Rules introduced a new definition of a "regulated expert" and a new Rule 25.5A. The rules provide that, in relevant children proceedings, the court may give permission to instruct a regulated expert only, subject to specified exceptions.

The accompanying amendment to Practice Direction 25B also requires experts to confirm and provide evidence of their regulated status in instructions and in their report. Practice Direction 25C requires parties to address whether the proposed expert is regulated and, where an exception is relied upon, explain why an appropriate regulated expert is unavailable.

This represents a significant change in the practical considerations surrounding expert instruction.

What is a regulated expert?

The amended FPR defines a regulated expert as an expert who is:

regulated by a UK statutory body;

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.

This definition matters because not every person with specialist expertise will fall into one of these categories. Legitimate reasons exist for why an expert may not be conventionally regulated. For example, someone may have retired from clinical practice but still retain highly specialised knowledge and relevant experience.

Another expert may work within a niche technical discipline where no obvious statutory regulator exists. The issue is therefore more nuanced than simply asking whether an expert is "qualified".

Why does this matter?

The changes follow concerns about the quality and oversight of expert evidence in children proceedings.

The Family Procedure Rule Committee's consultation highlighted concerns about unregulated experts being instructed to provide evidence or diagnoses beyond their qualifications or competence. The new framework is intended to strengthen the standards and oversight surrounding expert evidence.

For solicitors, however, it also creates another issue to consider when instructing an expert. The expert's regulatory status must now be established early.

What happens when the right expert is unregulated?

The requirement for a regulated expert is not absolute. Where the relevant conditions are met, an unregulated expert may still potentially be instructed. However, the legal team faces a greater practical burden.

Practice Direction 25C requires parties to address the expert's regulatory status and, where reliance is placed on an exception, explain why an appropriate regulated expert is unavailable. This can introduce additional procedural work.

It may also affect timescales, particularly where the required specialist is highly unusual.

Why niche expertise creates a particular challenge

The need for specialist expertise does not disappear simply because the discipline is unusual. A case may require evidence from someone with very specific knowledge of a technical, cultural, scientific or medical issue.

In these circumstances, the challenge is balancing two requirements:

• Does the expert have the expertise needed to answer the question?
• Does their professional status meet the requirements applicable to the proceedings?

Due diligence matters

The changes also reinforce the importance of robust expert vetting. Legal teams need confidence that an expert's qualifications, experience and professional status are accurately represented.

At Foresight, our panel vetting process considers areas including professional registration, governing bodies, insurance, relevant experience and other due diligence requirements. We also undertake DBS checks and seek additional assurance around data protection.

This does not replace the solicitor's own responsibility to consider whether expert evidence is necessary and whether the proposed expert is appropriate for the case. It does, however, provide an additional layer of scrutiny before an expert reaches the instruction stage.

The wider lesson

Where a specialist expert is required, identifying these issues early can help reduce avoidable procedural complications and keep the case moving. Expert evidence is only useful when the court can rely on it.

That makes the person behind the evidence just as important as the evidence itself.

Need help choosing the right expert? Speak to our team today.