Court ruling clarifies intermediary support needs

On 10 April 2025, the Court of Appeal of England and Wales issued a pivotal ruling regarding intermediary assistance in family law proceedings, focusing on the case "M (A Child: Intermediaries), Re” [2025] EWCA Civ 440. This appeal arose after a mother’s application for intermediary support was denied during care proceedings concerning her child, prompting a thorough evaluation of existing guidelines for such appointments. Intermediaries function as communication specialists who help ensure that vulnerable individuals can participate fully in legal proceedings, thereby facilitating justice within the judicial system.

The case's background indicates that in January 2024, the mother’s baby suffered a skull fracture under mysterious circumstances, leading to the child being placed with family members while care proceedings were initiated. By April 2024, the Family Court had approved the appointment of an intermediary to assist the mother, given her cognitive challenges that could hinder her engagement in the trial process. A detailed cognitive assessment by Dr John Dowsett highlighted that her communication difficulties were exacerbated by mental health concerns, thus likely affecting her ability to contribute meaningfully to the proceedings.

However, during a hearing in January 2025, the judge refused the request for intermediary assistance, arguing that the court was capable of ensuring the mother’s understanding and participation without external support. This decision prompted an appeal led by Lord Justice Peter Jackson, who found the original ruling flawed. He noted that the judge’s reliance on the infrequency of intermediary orders was misguided and did not adequately consider the mother's unique vulnerabilities or the broader context of the case.

Emphasising the need for access to justice for vulnerable individuals, the Court of Appeal highlighted that meaningful participation in legal proceedings cannot be overlooked. The ruling underlined that the criteria for appointing an intermediary must focus on the necessity of such support to provide a fair hearing, as outlined in the Family Procedure Rules 2010. While acknowledging the challenge judges face in balancing procedural efficiency with fairness, the court stressed the importance of implementing appropriate measures to ensure that vulnerable parties can engage effectively in legal processes.

Additionally, the ruling referenced earlier decisions concerning intermediaries, reinforcing the criteria established in Part 3A of the Family Procedure Rules. The Court articulated specific vulnerabilities and the factors that courts need to assess in determining the suitability of intermediary support. This decision sets vital precedents, advocating for a more nuanced and compassionate approach towards vulnerable individuals within the realm of family law.

Ultimately, the appeal was approved, and the judges ordered an intermediary's appointment to assist the mother throughout the proceedings, especially during the critical fact-finding hearing. This ruling not only upholds the rights of vulnerable parties in family courts but also clarifies the mechanisms necessary to ensure fairness and justice amid complex legal and emotional circumstances. It serves as a crucial reminder of the evolving legal frameworks that address the needs of vulnerable individuals, prompting ongoing assessment and modification of practices within the court system.

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