Why Was The Scheme Introduced?
The implementation of the Domestic Abuse Act 2021, brought about a change in family law rules that means an alleged perpetrator of domestic abuse is no longer able to personally cross-examine an alleged victim in family proceedings. This prohibition also applies in reverse.
Which Proceedings Does This Apply To?
The QLR scheme can be used in any family law proceedings.
How Does A QLR Get Appointed?
If the prohibition above is relevant to your family law case, you can either make an application to the court to appoint a QLR or the judge may of their own motion, decide a QLR is necessary and appoint one to your case.
The Role Of A QLR
A QLR will be appointed where a party is not legally represented and is a litigant in person.
The QLR has to be a qualified Solicitor or Barrister in England and Wales and has to have completed vulnerable witness training to qualify for the scheme. Successful applicants will then be placed on their Court’s lists.
The Court appoints a QLR that is available for the relevant hearing, and the QLR then attends to ask questions of the protected party, on behalf of the court. The party who the QLR is allocated to, to cross examine the other party, is not the client, for the purposes of the scheme.
As the party you are asking questions on behalf of, is not the client, the QLR cannot provide any legal advice at any time during this process.
The QLR is able to discuss the essence of a party’s case with them, and the party can send them pre-prepared questions for their consideration when preparing the matter so that the party can be assured the questions they would like asking are considered before the hearing. Although, the QLR is not at liberty to ask the questions if not relevant to the matter.
Once the cross-examination in the hearing has concluded, the QLR is released and a litigant in person is then expected to conduct the rest of the hearing themselves. This may be by way of submissions to the court, as well as cross-examining other witnesses that the QLR prohibition does not apply to.
How Is a Qualified Legal Representative Funded?
The QLR scheme is funded by Legal Aid. Therefore, if you are appointed a QLR in your family law matter, you will not have to pay for this.
How Can Timms Help?
Please get in touch if you need any further information or advice on freephone 0800 011 6666 or via email at legal@timms-law.com. You can also find more information on Family Law on the Family Page of our website.
