In care proceedings, intermediaries are sometimes used to help with a person’s understanding and to provide them with support. An intermediary can explain things at court in a clear way, and they can tell the Judge how to make the process easier for someone. They can ensure that a person has regular breaks and can word questions in a way that is easier to understand.
The Court of Appeal recently handed down a judgment where a mother successfully appealed HHJ Thomas’ decision to refuse her application for an intermediary during ongoing care proceedings.
When deciding if an intermediary is necessary, a cognitive assessment will usually be undertaken first. This will explain why other options are inadequate and what in particular the person needs help with. The report will also consider a person’s participation at case management hearings, legal conferences and when giving evidence. It is expected for advocates to have the skill to identify and adapt to any vulnerability or difficulty that a client may have. However, sometimes intermediaries are needed to provide extra help and support. Intermediaries often provide an important function to ensure a vulnerable person has a fair hearing.
At Hewitts we have a dedicated Public Law Family Team who are able to offer support and guidance around care proceedings and the process of considering whether an intermediary is needed. We will be able to make applications for you and arrange appointments with an intermediary if the court decides that one if necessary. Our team has also created a number of helpful fact sheets which can be provided to clients who may have difficulties in understanding what can often be a complex process.
If you need any advice concerning any family matter, then please contact any of our offices.
