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Use of unregulated family court expert witnesses ‘damaging and dangerous’, says BPS

The BPS has urged family courts to follow its guidance on the use of psychologists as expert witnesses.

16 August 2022

The BPS has urged family courts to follow its guidance on the use of psychologists as expert witnesses, calling the use of unregulated experts 'damaging and dangerous'. The updated guidance, produced alongside the Family Justice Council, suggests that instructing solicitors and courts should only appoint psychologists regulated by the Health and Care Professionals Council and/or those who have chartered membership with the BPS.

Chair of the BPS Expert Witness Advisory Group Professor Leam Craig, who co-authored the guidance, said the BPS was deeply concerned about the use of unregulated experts in the family courts and the potential damage this could do to children and families. 'The BPS and Family Justice Council's joint guidance have long been seen as the guiding principles for the appointment of psychologists as expert witnesses in the family court, and it is vitally important that it continues to be followed.'

The document sets out a code of conduct for psychologists working in the court and quality of service expectations. It encourages all psychologists who work within the courts to take part in regular CPD and supervision. A new expert witness bundle of training has also launched on BPS Learn to support practitioner psychologists and give them the knowledge they need to fulfil the role of an expert witness. The Advisory Group is also holding a free conference on Wednesday 7 September which will include discussion and reflections about the role of an expert witness from psychologists and the legal profession, with High Court Judge The Honourable Mr Justice Williams QC on the panel.

Full guidance can be found here.
Find out more about the free expert witness conference.
More information for the BPS Learn Expert Witness training.