Rule 5 Insertion of new rule 25.5A

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^f1 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^f2.

(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.”.