Can anyone call themselves an expert in a British courtroom? Right now, the answer seems yes—and senior figures in the judiciary are sounding the alarm.
From murder trials to child custody battles, expert witnesses are often key to a case. However, behind the scenes, there is growing concern about who qualifies as an "expert" and what checks—if any—are carried out before they take the stand.
According to CPS guidelines, experts are supposed to provide impartial, objective opinions. Yet, unlike barristers or doctors, they do not need a licence, formal training, or membership of a professional body. In fact, anyone can call themselves an expert—and it is left to judges to decide if they are credible.
"It's problematic," according to Nazir Afzal, former chief prosecutor for the North West." Concerns around expert witness standards were thrown into the spotlight earlier this year, following questions over the credentials of a high-profile parental alienation specialist Melanie Gill whose evidence had been widely relied upon in family courts.
The rising use of expert witnesses in both civil and criminal matters within English courts has raised concern amongst some of the most senior figures across the judiciary.
According to guidelines from the Crown Prosecution Service, the role of expert witnesses is to provide objective and unbiased opinions and can be instructed by any parties within proceedings. There are, however, no rules or criteria on who can describe themselves as an expert as no formal training or qualification is required. Critics fear that this results in little oversight over how expert witnesses are appointed.
Lived Experience vs Science
Nazir Afzal says that it is generally up to the judge to decide if an expert has the relevant knowledge base. However, it becomes more complicated if an area of expertise relates to lived experience rather than science or academia. Furthermore, with international experts it may be more difficult for a court to verify their qualifications and background.
The Problem with Hired Guns
There also remains a large issue of 'expert shopping' whereby advocates will consult different experts until they find one who will agree with what an advocate is saying. This is deemed undesirable by the Court but the practice goes on nonetheless According to a recent report a third of experts who responded to a 2024 survey said that they had experienced 'hired gun' experts in their field which refer to people who provide 'evidence to substantiate the opinion preferred by the instructing party'. One in four experts also stated that they had been pressured to produce biased opinions by solicitors.
Self-Proclaimed Experts
These concerns are raised following The Bureau of Investigative Journalism's March 2025 investigation into Melanie Gill, a self-proclaimed expert on parental alienation, and their June 2025 investigation into Graham Flatman, an educational psychologist. Despite Gill claiming that she has been involved in up to 200 cases as a court-appointed expert, with some involving local authorities, The Bureau was unable to verify Gill's years of specialist training. Whilst Gill's credentials were directly challenged in a landmark appeal overseen by Sir Andrew McFarlane, the president of the Family Division, she continues to be instructed in family law proceedings. Meanwhile, Flatman has been suspended by the regulator for taking work as a 'clinical psychologist' and carrying out assessments, which he was not qualified to make. The Bureau stated that Flatman could have wrongfully given expert evidence in at least seven other cases.
The Need for Regulation
Calls for regulation of expert witnesses across both civil and criminal proceedings are becoming increasingly prevalent and the legal sector awaits further guidance on this issue.
The reason that this matters is that there is often a lot at stake for all concerned in court hearings. The idea that a parent could lose contact with their child—or someone could be wrongly convicted—based on unreliable evidence is something that should concern us all.
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