By Nicole Ralston
Nicole Ralston is a Senior Associate Solicitor with MSB Solicitors, which has offices across the North West and Midlands. Nicole undertakes work in family law and is a Resolution accredited specialist in areas of public law and domestic abuse cases. Nicole is a member of the care team specialising in public law proceedings. She is committed to finding the best possible solution for her clients, ensuring the relationship between parents and their children can be protected. Here, Nicole talks about her work and the crucial role that intermediaries play in proceedings involving children.
“Specialising as I do in public law proceedings, I often identify there may be a need for an intermediary to support my client in navigating the complexities of the proceedings. Family Court can be emotional and often involving sensitive issues that require careful handling. An intermediary can offer a vulnerable client with more complex needs support and guidance throughout the process, for example a client with communication difficulties or low cognitive ability will benefit from having an intermediary to support them.”
Public law proceedings, by their very nature, often involve vulnerable individuals.
“I am often instructed by parents who need support, this might be because of a mental health difficulty or a learning disability for example. These clients are already in a vulnerable position and often that is heightened by the trauma of having had a child removed from their care.
“The statutory timetable for public law proceedings is 26 weeks although judges will extend that when necessary. During this short time parents will undergo parenting assessments and other expert assessment such as psychological assessments. They will be asked to engage in work that addresses the issues that lead to proceedings in the first place such as intense therapy, domestic abuse courses, parenting courses and other programmes that teach many life skills. Alongside that, they will often be attending contact with their children up to five times a week and that can involve travel depending on where the children have been placed.
“The timetable for the assessments and work to be completed is set out at the first case management hearing, the amount of information the client will need to absorb is overwhelming.
“My experience is that the involvement of a skilled intermediary from the outset and for the duration of the proceedings can make a huge difference to a vulnerable client.
“We are often dealing with clients facing challenges such as cognitive impairment or other communication difficulties and a range of other issues. If they don’t understand what is required of them at the start of any care proceedings, they may never catch up. The support of a good intermediary gives me the peace of mind that my client understands my advice and the process and often, most important, that they can convey their instructions to me as they intend. I can’t overstate just how important it is to have the right support in place for a client at a time when their whole world feels like it is falling apart.
“I know first-hand the difference an experienced intermediary can make. Not only will they provide support at court, often the recommendations set out within their initial assessment will inform all the professionals involved of the best way to communicate with the parties. This plays a crucial role in reducing barriers to access to justice, a parent must be able to participate meaningfully in the proceedings or assessments to stand a chance at achieving a positive outcome. The support of an intermediary will contribute to a more level playing field in family court proceedings.”
Nicole shared some of her concerns when intermediaries are not appointed in cases. She described seeing well intentioned individuals ‘plugging the gap’ where an intermediary should be provided.
“It is important that the professionalism of intermediaries is maintained, they undergo specialist training and maintain neutrality and impartiality which is vital for them to be effective in proceedings. They can navigate complex emotional situations while remaining unbiased and this is crucial for a vulnerable client. Where an intermediary is necessary, nothing else will do.”
Having the support of skilled, experienced intermediaries is something Nicole feels strongly about.
“I am a big believer in the need for consistency of intermediary support. This is what works best for clients, and it is something I will always look for because I know that vulnerable clients don’t typically cope well with change.
“Two other things I look for are experience, including a range of professional backgrounds, and where possible, locality. One of the barriers to securing an intermediary for your client is funding and trying to reduce costs by matching clients with an intermediary local to their area helps with this. I know from working with The Intermediary Cooperative that these are two areas in which they stand out.
“You can’t take a one size fits all approach to the support that vulnerable people require in care proceedings, the support a client requires will vary on a case-by-case basis. When advising newly qualified members in my team about navigating these complex proceedings I always start with, “Does your client need support, is there anything you need to put in place to ensure they have access to justice”. As lawyers it is not for us to assess those needs, but we must be aware of the possibility they exist and the remedies that are available.
“Intermediary support is far reaching, there will be clients who need that support in the court room or some that benefit more from having the intermediary present during appointments with their solicitor when they are receiving advice which can be complex. An intermediary can offer them guidance on the process, clarify documents and summarise conversations we have had in appointments in a way the client understands, and they can refer to it when necessary.
“A good intermediary can change the course of a case because nothing is more important than client engagement. So much can happen quickly in a legal setting and clients can become overwhelmed, it helps them to have a clear understanding of what is expected of them. I have been instructed by many clients who have benefited from the support of an intermediary and I can honestly say I do not think they would have been able to engage in the proceedings throughout without that support.
“Client care is something we are passionate about at MSB, we invest in training staff to an exceptional standard when dealing with vulnerable clients. Access to Justice for all is a shared value for our team, we know what support is available, what help our clients are entitled to and we make sure they receive it.
“I am fortunate to be able to say I love my work, when I started working in family law 15 years ago I knew it was where I belonged. It is complex work and there are inevitably ups and downs, but when you help someone turn their life around or fight an injustice it is an incredible feeling.
“Family clients are all going through something difficult, that is the nature of this area of law. Whether that is the breakdown of a family, the need for protective orders because of an abusive partner or children being removed, it is usually something the client is finding difficult and would rather not be going through.
“Our job as lawyers is primarily to advise them on the legal issues, but for me personally it is more than that. We must help them understand the law, the process and procedures and prepare them for the likely outcomes of a case. We must be aware of any complex needs or vulnerabilities and recognise when applications should be made for specialist assessments or when they need to be signposted to external organisations that will support them.
“I had a call recently from an old client who instructed me in public law proceedings when her children were removed. The client had an incredibly difficult background and came to us to help her fight for her children which we did, successfully. She was phoning to tell me full of pride that her daughter had just gone off to university; that’s what makes my job so worthwhile.”