09062026Tue
Last updateThu, 02 Apr 2026 9am

News

Family court experts face MoJ crackdown

Picture of Lord McNally for Your Expert Witness storyThe Ministry of Justice has announced national standards aimed at raising the quality of experts in family courts. The ministry says it is in order to “…get rid of time-consuming evidence which adds little value in helping judges reach a decision”.

It is the latest in a series of reforms which are designed to improve and speed up the family justice system. The MoJ says the standards will mean evidence provided in a family court can only be given by qualified, experienced and recognised professionals.

In a statement the MoJ said: “For far too long there has been an increasing trend in England and Wales for expert witnesses to provide unnecessary and costly evidence – in the form of further written statements, clarifications and additional court appearances. This can cause major delays in child care cases and in the worst examples this has led to cases being forced to start again.

“Under the new plans experts who are well-qualified and experienced will continue to provide their valuable service in advising the family courts – but the so-called experts who provide evidence which is simply not up to scratch will be driven out.”

Justice Minister Lord McNally (pictured) said: “Poor quality expert evidence can lead to unacceptable delays for children and their families. By putting standards in place we will ensure only the highest calibre of evidence is permitted in family proceedings.

“We want to ensure that evidence being put forward is more robust and that cases are resolved more quickly. It is an opportunity we cannot afford to miss.”

A consultation on the proposals is being jointly led by the Family Justice Council and follows the independent Family Justice Review by David Norgrove, which identified weaknesses in the quality of evidence being put forward by experts at family proceedings involving children.

Dr Heather Payne is chair of the Family Justice Council’s Experts Working Group, which drafted the standards.

Dr Payne commented: “The standards are designed to improve the quality, supply and use of expertise to improve outcomes for children in the family courts. They are intended to help experts and the courts alike, to ensure that they are delivering the relevant and high quality opinions based on the best possible evidence which the family courts need to help them make decisions.

“They also seek to provide the courts and lawyers with clear guidance on how to ensure that expert evidence is sought from an expert of the appropriate discipline, with appropriate professional qualifications.

“The standards are a first step to promoting the more effective and intelligent use of expert evidence.”

The consultation, which will run until 18 July, is aimed at experts, the professional and regulatory bodies for the professions from which experts are drawn, and solicitors and other practitioners in the family justice system in England and Wales.