Failings in family court hearings

Vulnerable individuals in Family Court hearings are frequently not receiving the communication support they need, according to The Intermediary Cooperative (TIC). The organisation reports that many service users feel let down by the justice system due to inadequate assistance in understanding legal proceedings.

Lucy Swindlehurst, a new member of TIC with 25 years of experience in education, has already encountered two cases highlighting this issue. In her initial assessments, she was asked to evaluate the communication needs of two mothers involved in Family Court hearings concerning the future arrangements for their children. Both mothers reported confusion and frustration during previous hearings, expressing that they were unable to follow proceedings due to the complex legal jargon and the absence of communication support.

Swindlehurst remarked on the vulnerability of individuals navigating these hearings without proper assistance. One mother noted that her inability to comprehend the legal process left her feeling "rubbish" and "stupid," an experience that could have been mitigated with timely intermediary intervention.

Unlike Criminal Courts, where legal language is simplified for a jury, Family Courts often use technical terms that are challenging for vulnerable participants to understand. Without tailored communication support, respondents may struggle to follow proceedings, further disadvantaging them during critical moments.

Nicky Tolley, Chair of TIC, highlighted the growing prevalence of such cases, stressing that vulnerable clients are being denied the support they need. She emphasised that TIC intermediaries assess functional communication skills rather than conducting psychological evaluations, which can uncover hidden communication barriers in court.

Tolley also noted that some disabilities, like autism or ADHD, may not be immediately visible, leading to denial of support, despite the significant communication challenges faced by these individuals. She called for a more inclusive and nuanced approach to assessing communication needs in Family Courts, stressing the importance of ensuring every vulnerable person receives appropriate assistance during legal proceedings.

TIC remains committed to providing high-quality assessments through its team of professionals from diverse specialist backgrounds, striving to address the communication gaps within the justice system.