A Landmark Ruling on Unregulated Experts

On 20 February 2026, the President of the Family Division, Sir Andrew McFarlane, handed down judgment in Re Y (Experts and Alienating Behaviour: The Modern Approach) [2026] EWFC 38, involving a mother’s application to set aside findings of fact made in 2019 — findings that led to her having no contact with her children for nearly six years, following an expert assessment by Melanie Gill, who was neither registered with the HCPC nor chartered by the BPS. Sir Andrew concluded the approach adopted in the original proceedings was “fundamentally flawed”, ruling that every agency involved — including CAFCASS, the children’s solicitor, the local authority and the court — had been at fault. The judgment now requires courts to determine domestic abuse allegations before considering any expert assessment of alienating behaviour, and sets out firm guidance that unregistered, unchartered psychologists should not be instructed.

42BR Barristers, 20 February 2026