Nicola Lewis, an experienced intermediary with The Intermediary Cooperative and our former Chair, was recently invited to take part in a webinar linked to a study about parents with learning disabilities in the Family Court.
The study was undertaken by the Nuffield Family Justice Observatory in conjunction with the Centre for Child and Family Justice Research at Lancaster University, the Rees Centre at Oxford University and Research in Practice.
The aim of the study was to provide access to information, evidence, advice and innovation to help professionals working in children’s social care, health services and the family justice system to better face the difficulties and dilemmas that are inherent in this area of work and, most importantly, to improve practice and support for families.
The study revealed that a third of parents from the research sample had learning disabilities or difficulties and would therefore benefit from communication support.
Nicola provided insight into some of the issues that arise due to the lack of effective communication support for vulnerable people with disabilities and the difference that the tailored support of skilled intermediaries can make.
Nicola said: “The study correctly identified that parents with learning disabilities are often only recognised as having a communication impairment once they enter the Family Court environment.
“This means that in effect during the whole pre-court process, which goes on for some time, parents may be being spoken to throughout without really understanding what the concerns are in terms of what Social Services are worried about and, equally importantly, they may not be able to understand what needs to happen in order to avoid the social workers starting care proceedings.”
Nicola added that by not ensuring effective communication support at the pre-court stage, there is often a “breakdown between the parent with the disability and the team that is trying to keep them on track”.
She added: “Ensuring the right level of communication support in pre-proceedings is an easy win.”
What kind of communication support does an experienced intermediary assist with?
Nicola said: “Effective support at the pre-proceedings stage helps the parent with the disability understand court documents, who the various people who are involved, what’s going on and the potential outcomes and their effect on the vulnerable person. This could concern parental responsibility and the ability to continue seeing their child.”
Once the matter moves into the Family Court, the intermediary can support in helping the service user understand everything in real time as well as helping the lawyer temper their questions to assist communication when the vulnerable person is giving evidence.
Further communication support comes when the judgement is given, helping the service user to understand what is being said and the implications for them.
What does a positive outcome look like?
Nicola said: “For me, a positive outcome is effective participation and fair access to justice. A positive outcome for a parent is being able to take part in a process, to understand what the reasons are and that there are worries and concerns and being able to understand what needs to be done for you to be able to keep your child in your care and what the decision is.”
Commenting on the study’s finding that as many as a third of parents involved in the study had learning disabilities, Nicola said: “These findings highlight the level of need in Family Courts where one in three parents who are at risk of having their babies removed from their care may have a learning disability or difficulty which will mean that an intermediary may be ‘necessary to ensure a fair hearing’.
“This is the test introduced in recent judicial guidance along with separate guidance setting out that there should be compelling reasons for the use of intermediaries.
“This study suggests that there is a significant requirement for the many vulnerable people with learning difficulties to be able to access the professional communication support that is so clearly needed.”
You can hear more of Nicola’s thoughts about the communication challenges facing parents with learning disabilities and the difference the support of skilled intermediaries can make in this short film created by the Nuffield Family Justice Observatory.