Lou Evans, an experienced intermediary and TIC director, recently supported a mother at a final hearing in a Family court.
At its conclusion, the mother’s barrister commented: “Aside from proving herself to be absolutely essential to enabling my vulnerable client to give her best evidence this week in extremely distressing circumstances, Lou has gone above and beyond since my instructing solicitor first made contact.”
This testimonial, and the many others like it that TIC’s team of over 50 highly experienced intermediaries receive demonstrate the difference that good intermediary support can make in ensuring that a service user is able to communicate effectively in the justice system.
Before attending the final hearing at court, Lou had previously carried out a full assessment and provided a report regarding the service user’s (we will refer to her as ‘M’) communication difficulties.
M had no specific diagnoses but was awaiting assessment for ADHD and reported high levels of anxiety. Her legal team identified the need for an intermediary assessment part-way through proceedings as it was noticed she shut down when overwhelmed and this impeded her ability to participate fully.
During assessment, several difficulties were identified that could affect her communication in the court environment, which Lou documented with suggested recommendations in her court report:
- When overwhelmed or finding a task difficult, she shut down and became passive. She was then unable to recall anything that occurred when she detached from the present moment.
- M masked her difficulties by appearing to be present (non-verbally e.g. nodding her head) when in fact she was not attending.
- She had difficulty retaining and processing information when
- She struggled to stay on topic when giving an account or answering questions.
- She had difficulty concentrating for long periods of time.
- She was very easily distracted by the immediate environment.
- She became fixated on a thought or topic and struggled to shift attention at these times.
- She was easily very emotionally dysregulated.
M reported very high levels of anxiety regarding the final hearing which put her at an increased risk of detaching from the present moment and becoming dysregulated at court.
This anxiety response would most likely have a direct impact on her ability to follow proceedings and actively participate when required.
Before court began each day, Lou met with M and her barrister for a pre-court hearing to ensure M was aware of the agenda of the day and that she fully understood matters of the case.
M was extremely anxious and required a lot of reassurance and practice of emotional regulation techniques prior to going into court. These techniques assisted M with knowing what to expect each day and in reducing her anxiety.
M was introduced and orientated to an emotional regulation indicator chart to give her a method of communicating how she is feeling when in court and requesting the need for a break. She used this throughout the hearing.
The Judge welcomed M and the intermediary in court and advised court that the need for an intermediary would be reviewed throughout the final hearing. M’s barrister indicated to court that an intermediary had already proved invaluable before court proceedings began.
Throughout the hearing, Lou used strategies such as summarising and simplifying information both in court and outside of court as well as checking M’s understanding of proceedings.
On the third day, M was required to give evidence and she became very anxious and emotionally dysregulated. Lou ensured that court was aware of the need for regular breaks, how questions were required to be phrased to enable M to fully understand them, and that time was needed outside of court for emotional regulation to enable M to give her best evidence.
M also required special measures in court, such as screening to help minimise distractions and practising speaking in a loud enough voice from the witness box before giving evidence.
With Lou’s assistance and advice to court M managed to give her best evidence.
After giving evidence, M became highly dysregulated and Lou raised concerns regarding her mental health and the need for a discussion around safeguarding. This allowed M to be safe and to return the following day to continue with the hearing and to listen to the entirety of the judgement on the final day.
Upon the conclusion of the hearing, M’s barrister provided the following testimonial regarding the difference that Lou had made in supporting M.
“Aside from proving herself to be absolutely essential to enabling my vulnerable client to give her best evidence this week in extremely distressing circumstances, Lou has gone above and beyond since my instructing solicitor first made contact.
“Her humanity, empathy and commitment to ensuring that vulnerabilities suffered by clients are mitigated has been evidenced throughout. Lou has gone above and beyond and is a ringing endorsement of the difference a skilled intermediary can bring.
“The Judge praised her work in trying to mitigate the distress of the mother to enable her to give her best evidence during a difficult period in court and concluded that this had been achieved.
“I saw the extra that the Judge would not see out of court. Lou’s patience and compassion were deployed alongside an adept ability to ensure that despite the distress, the client was enabled to fully engage with understanding and giving instructions.
“I would have no hesitation in recommending Lou and would look for her assistance in the future.”
In his Judgment, the Judge also thanked Lou. Referring to the assessment Lou had provided, the Judge commented: “Helpful, intelligent and insightful report by Ms Evans. The best written, most informative intermediary assessment that I have come across…I wholeheartedly endorse that document.”