Court Intermediaries: Protecting the Vulnerable

Maria Kitsiou

Court-appointed intermediaries for the vulnerable: a test of ‘necessity’

At Osbornes Law, our experienced children and family team represents many vulnerable individuals in a range of disputes.

Family cases frequently involve parties with particular vulnerabilities – not just children, but also domestic abuse victims, those with mental health conditions and the neurodivergent. In those circumstances, a party may need the support of a suitably-trained professional (an intermediary) in court proceedings.

The Court of Appeal has provided important guidance on whether an intermediary ought to be appointed in family proceedings.

What is an intermediary?

An intermediary is a trained professional who the court appoints to help the vulnerable party participate in court and, if required, in giving evidence (depending on their level of vulnerability). Their role is to ensure that the vulnerable party can participate in the hearing fairly. Strong communication skills are an intermediary’s special force.

A Judge’s power to appoint intermediaries is set out in Part 3A Family Procedure Rules 2010, which has recently been updated. Note that intermediaries are not the same as lay advocates (non-professionals) or McKenzie Friends (who often aren’t professionals).

Importantly, the court will only direct that an intermediary is appointed if it is necessary to enable the party to participate fairly in proceedings. The court may direct an assessment before deciding whether to appoint an intermediary.

What happened in this case?

In M (A Child: Intermediaries) [2025] EWCA Civ 440, a baby was the subject of care proceedings after sustaining an unexplained skull fracture. A fact-finding hearing into the cause of injury was listed.

The mother had a range of mental health conditions and disorders, ranging from Asperger’s Syndrome to anxiety and depression. A clinical psychologist’s report following a cognitive assessment concluded she would find giving evidence very stressful because of her general personality and cognitive processing issues. The psychologist recommended that she be supported by an intermediary in court. A subsequent intermediary assessment also recommended that the mother be assisted by an intermediary throughout the proceedings.

But the judge refused to appoint an intermediary for the fact-finding hearing, saying it was not necessary. No reasons were given in the final order, even though the rules required that they be given.

The Court of Appeal decisively concluded that the judge was wrong and had not paid enough attention to the mother’s difficulties. The information available clearly established that she needed an intermediary. The Court appointed an intermediary for the mother for case management hearings ahead of the fact-finding hearing, the hearing itself and for the related legal conferences between her and her lawyers.

Guidance

In his ruling, Lord Justice Jackson helpfully sets out the correct approach of the court that strikes a fair balance between the rights of vulnerable individuals and the demands of the justice system. In summary:

• Decisions on intermediaries are to be made within the framework of Part 3A FPR (which includes a mandatory checklist). Those provisions are not complex and require little elaboration
• The test for the appointment of an intermediary for any aspect of proceedings is that it is necessary to achieve a fair hearing
• There must be early identification of vulnerability where it exists, though different considerations may apply to different elements of the proceedings
• The court’s powers are wide enough to permit the authorisation of intermediary assistance for legal meetings outside the court building
• An application for an intermediary must have an evidential basis, usually a cognitive report and, if authorised, an intermediary assessment, and possibly further evidence and submissions
• When making its decisions, the court will consider other available participation directions.

What does this mean?

Osbornes stands out as a trusted legal firm, offering compassionate, expert guidance tailored to each client’s unique circumstances. As the court rightly expects, we understand the needs of vulnerable individuals and that their needs can change at different stages of proceedings. Our team is adept at recognising the support which vulnerable clients may need during contested court proceedings concerning their children.

If you need specialist and sensitive help and support from experienced family solicitors, contact our family law partner Maria Kitsiou at maria.kitsiou@osborneslaw.com or get in touch by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811