The Intermediary Cooperative welcomes the Court of Appeal’s decision on the tests to be applied when judges appoint intermediaries.
We are relieved to see a return to the question of whether an intermediary is necessary for fair access to justice.
A test of necessity will ensure an individual is able to effectively participate by being able to understand and respond to evidence in conferences and/or hearings.
This Court of Appeal decision removes the additional tests of rarity and exceptionality, as suggested in other recent judgments.
Fairness is about putting people with communication impairments or differences on an equal footing. The Family Court is deciding important and complex matters involving the removal of people’s children from their care, sometimes permanently.
The language and vocabulary used by justice professionals, either verbal or written, is often not fully understood by vulnerable participants with communication difficulties. For some vulnerable people, it is necessary that they have the assistance of an intermediary to ensure effective participation in proceedings.
The Court of Appeal reminds us that equal access to justice is fundamental, and that failing to accommodate neurodivergence risks preventing full and fair participation in the family justice system.
You can read the full Court of Appeal decision here M (A Child: Intermediaries) [2025] EWCA Civ 440 (10 April 2025)
TIC will be providing further commentary on this important decision and its implications over the coming days.