What is an Intermediary in Family Law Proceedings?
The role of an intermediary was created by the Youth Justice and Criminal Evidence Act 1999 to help vulnerable witnesses in criminal cases. However, the use of intermediaries has since spread to be included in Family Court proceedings.
This is because many people involved in these types of cases often have needs and vulnerabilities and they may need the support of someone else (an Intermediary) to help explain the processes especially if they have to give evidence.
Who is a Vulnerable Person?
There is no specific definition for vulnerable but can, for example include a person who;
• Has a learning difficulty
• Has a mental health condition which affects their ability to communicate under pressure and stress
• Is a child under the age of 18
• Has a physical disability which affects the way they communicate effectively, for example speech and hearing difficulties
• Has previously been a victim of domestic or sexual abuse
• Has gender or sexuality issues
The Process
A Family Court is under a duty to vulnerable witnesses or parties to the proceedings to make sure that they can fully take part in Court proceedings when they may need to communicate in Court and may need help to understand the Court process. Article 6 of the European Convention on Human Rights ensures that the person who needs an Intermediary remains part of the decision making process and has a fair hearing.
If a person has filed a statement during the proceedings, it may be that they are required to give oral evidence during the proceedings which can be daunting and they may need to be supported through this in order to give their best evidence. This is where the Intermediary can help to make that process easier.
When a person might need an intermediary, an application is usually made to the Family Court to allow the assessment to be undertaken. Usually a specialist organisation such as Communicourt or Triangle will come to meet the person and assess them to see if they consider that an intermediary is needed for the rest of the court process; the cost of this assessment is funded by the Court. If there are other experts who have been involved the Intermediary Service can look at those reports to help them.
If it is decided that an intermediary is needed to help a vulnerable person then they can make recommendations on how to help them. For example, having special measures that can be used during the hearings. Special measures could include the use of screens to prevent the person seeing someone else in the room or via video link, meeting the judge beforehand, practicing the giving of evidence or simply suggesting breaks during the giving of evidence. This report will also advise other professionals on the person’s ability to communicate and how best to work with that person during the proceedings.
The overall aim is to try and make the process fair for all people regardless of their needs and difficulties.
Dee Khunkhuna
December 2019