Intermediaries in the Family Court
Within a court case it is vital that all parties involved understand what is being communicated to them, and that they, themselves, can clearly express their own information, thoughts, and feelings. We do our best to reassure and support our clients so that they are able to give evidence to the best of their ability. However, for some vulnerable individuals understanding what is going on within a court case, and being able to fully participate, is much more challenging. We look at how intermediaries are able to support vulnerable individuals who are participating in a court hearing.
What is an intermediary?
According to 3A.1 of the family procedure rules, an intermediary refers to a person that is appointed to:
- (a) communicate questions put to a witness or party;
- (b) communicate to any person asking such questions, the answers given by the witness or party in reply to them; and
- (c) explain such questions or answers so far as is necessary to enable them to be understood by the witness or party or by the person asking such questions.[1]
Who is eligible for an intermediary?
An intermediary is often appointed when the Family Court believes that a person involved is vulnerable. Those who are vulnerable may be less able to understand the information that is given to them and may find it difficult to express their own thoughts and feelings in the case. There is no one definition that picks out all vulnerable individuals, but examples of those who may be considered vulnerable include those who:
- have learning difficulties;
- are victims of domestic abuse;
- suffer from mental health problems;
- are under the age of 18; or
- have a physical impairment (for example those who are deaf, non-verbal, or suffering from a long-term health condition).
What determines whether someone is eligible for an intermediary?
An intermediary can help a vulnerable person both before court, by helping them to prepare for the hearing, and at court, by helping them to communicate their thoughts and understand what is being said.
To be assigned an intermediary, a person must pass an assessment which demonstrates that an intermediary is required. The assessment can be booked once the court has approved funding for the assessment to occur. Once this funding has been approved, the assessment will be booked for the next available opportunity. The assessment consists of a series of different tasks which aim at assessing an individual’s communication in several different ways, such as their attention, auditory working memory capacity, understanding of verbal information, and ability to express themselves[2]. The assessment may last up to three hours.
After the assessment, booking forms will be sent which must be signed by the court. Following this, an intermediary can be assigned to the vulnerable individual. The intermediary then assesses the needs of the individual and advises the court on how proceedings should be adapted to meet these needs.
An example of how intermediaries have helped vulnerable individuals
West Northamptonshire Council (acting via Northamptonshire Childrens Trust) v KA (Mother & Anor) (Intermediaries) [2024] EWHC 79 (Fam).
During this court case, the mother of a 2.5-year-old child, X, whom the court case concerned, was ‘profoundly deaf’. Following a cognitive assessment, it was found that the mother’s ‘cognitive functioning […] was in the low average range’. It was recommended to the court that all information should be communicated to her by an interpreter in British Sign Language during all hearings. Assigning the mother an intermediary in this case was to help the mother to understand and actively take part in the proceedings, where before this was not possible.
If you would like further information about support for vulnerable witnesses in the Family Court, or you are an applicant or respondent in proceedings and may need support, please contact a member of the Family team.
[1] Part 3A – Vulnerable persons: Participation in proceedings and giving evidence
[2] The Access Brief: Why request an intermediary assessment?
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