Rachel Chan summarises guidance on the use of intermediaries in family public law proceedings by Lieven J

West Northamptonshire Council v KA & Ors [2024] EWHC 79 (Fam) (19 January 2024)

This is a care case in which Lieven J gives guidance on the use of intermediaries in the Family Court & summarises 7 principles as follows:

a) it is exceptionally rare for an intermediary to be appointed for a whole trial & not to be appointed on a just in case basis;

b) the judge must give careful consideration to the circumstances of individual as well as the facts and issues in the case;

c) intermediaries should only be appointed if there are compelling reasons;

d) the judge must consider whether there are other adaptations which can sufficiently meet the need to ensure the defendant can effectively participate in the trial;

e) the decision is always one for the judge; and

f) if there is no intermediary available, it would be unusual for a case to be adjourned because of the lack of an intermediary; and

g) where no intermediary is appointed, steps can be taken e.g. breaks, evidence to be given in short phrases and witnesses to give answers in short sentences.

The Court made it clear that all advocates in cases involving vulnerable witnesses or parties should be familiar with the Advocates Gateway and emphasised that it was the judge's role to consider whether the appointment of an intermediary was justified.

1st Feb 2024

Rachel Chan

Call 2004 (Hong Kong 2005)