The Use of Intermediaries in Care Proceedings
More recently it has been common for legal representatives to
Written by
Hatch Brenner UK
More recently it has been common for legal representatives to ask the Court to appoint an Intermediary to assist clients who have learning difficulties/disabilities or mental health issues. It now seems that the Courts are rowing back from this since the case X and Y Re (Intermediary: Practice and Procedure) [2024] EWHC 906.
In that case, the Judge felt that intermediaries were being used as some sort of safety net or security blanket by lawyers or the Courts. They should only be used as outlined in the Family Practice Rules which defines an intermediary as a person whose function is 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…”
It is clear from working with vulnerable clients for quite some time, they are very good at masking their lack of understanding, or they do not actually realise that they have not understood something. The intermediary is trained to recognise this and is able to break things down and ensure clients make informed decisions. They will also ensure that during hearings the questions put to the client are simplified and suggest where there should be breaks so the client is not overwhelmed.
It now seems that lawyers will need to give much more justification for the engagement of an intermediary to assist clients. I think it is concerning that many very vulnerable clients will not be able to have the benefit of an intermediary to ensure that they understand the proceedings they are involved in, and their lawyers and the Courts may not be giving information in a way that the vulnerable client will be able to understand.
How we can help you
To manage your case, our amiable and approachable partners, solicitors, legal executives, paralegals, and secretaries collaborate actively with you. We also specialise in family, matrimonial, and child law, commercial and residential property, medical negligence, wills, tax and probate, and personal injury.
To find out more about our expertise, please call:
Key Contacts
This article is for general information only and does not constitute legal advice. The law may have changed since publication. Please contact us for advice on your own circumstances.
Keep reading
Related insights
Speak to our team
Discuss your legal requirements with us
Whatever your situation, an initial conversation with one of our solicitors can bring clarity. We will listen, explain your options and be clear about cost from the outset.
