The Use of Experts in the Family Court
The proper use of expert evidence in family proceedings remains a pivotal issue.
In the recent judgment of Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38, handed down on 20 February 2026 by the President of the Family Division, Sir Andrew McFarlane, the Family Court provided authoritative guidance on the role, instruction and qualification of expert witnesses.
Full judgment available here: https://caselaw.nationalarchives.gov.uk/ewfc/2026/38
Background of the Case
The proceedings arose from longstanding Children Act litigation between separated parents. An expert psychologist, Ms Melanie Gill, had been instructed in earlier proceedings concerning alleged alienating behaviour.
Ms Gill was not a chartered psychologist nor registered with the Health and Care Professions Council (HCPC). Her report played a significant role in findings that shaped the children’s arrangements.
Subsequently, the matter returned before the President, who examined the procedural and evidential handling of expert instruction.
The Court’s Guidance on Expert Evidence
The President emphasised:
- Expert evidence must be necessary.
- Proper procedural safeguards must be followed.
- Courts must scrutinise qualifications carefully.
- Chartership and regulatory registration are significant safeguards.
- Experts should have appropriate clinical practice experience.
The judgment highlighted procedural deficiencies in the instruction of Ms Gill and criticised the lack of structured scrutiny of her accreditation.
Accreditation and Registration
The judgment underscores the importance of instructing:
- Chartered practising experts
- Accredited professionals
- Experts registered with appropriate regulatory bodies
- Experts engaged in active clinical practice where relevant
This is particularly important in cases involving psychological assessment.
Lessons for Practitioners
The case reinforces:
- The necessity test under the Family Procedure Rules
- Careful drafting of letters of instruction
- Scrutiny of qualifications
- Judicial responsibility in gatekeeping expert evidence
Conclusion
Re Y [2026] EWFC 38 is now the most recent authoritative Family Court guidance on expert evidence.
It reinforces that only appropriately accredited and regulated experts should be instructed in sensitive family proceedings.