Author: Communicourt Communications Team

Image of a young boy looking sad in front of a blackboard featuring numbers

Dyscalculia: Why numbers matter in communication

3rd March 2023 is Dyscalculia Awareness Day. To mark the occassion, we’ve explored this specific learning difficulty, shared some personal experiences of dyscalculia and considered how dyscalculia can impact court users during legal proceedings. Legal professionals who would like learn more about assisting court users who have numeracy difficulties can download a free guide from The Access Brief.

What is dyscalculia?

Dyscalculia is a specific learning difficulty, which is lifelong. The DSM-5 defines it as:

 ‘Difficulties in production or comprehension of quantities, numerical symbols, or basic arithmetic operations that are not consistent with the person’s chronological age, educational opportunities, or intellectual abilities.’

The British Dyslexia Association states:

‘Dyscalculia is a specific and persistent difficulty in understanding numbers which can lead to a diverse range of difficulties with mathematics.’

In the past, dyscalculia was sometimes referred to as “number blindness”. In contemporary times, it’s often casually described as “like dyslexia for numbers”, but this can be misleading as they are separate conditions.

Just as dyslexia’s impact stretches beyond its effects upon reading, dyscalculia can affect people in ways that we may not immediately think of.

No two people with dyscalculia are the same, but areas of difficulty can include:

  • Counting, backwards and forwards
  • Connecting a number to the quantity it represents (e.g., the number “2” to two apples)
  • Using time concepts (e.g., planning travel times or considering how long a task will take).
  • Remembering numbers, such as times, dates, phone numbers, what area of the car park you are in, the number of your hotel room.
  • Doing mental arithmetic (people may prefer to work things out on paper or count on fingers).
  • Reading the time from analogue and/or digital clocks.
  • Recognising patterns and sequences.
  • Recalling mathematical processes, even after learning them several times.
  • Recalling mathematical facts e.g. times tables.
  • Handling money e.g. knowing the total cost of your shopping basket or working out change.
  • Distance and spatial issues, such as map reading, telling left from right, following directions.
  • Poor visual and spatial orientation.

Prevalence and co-morbidities

An estimated 3-6% of people have dyscalculia, with a much great number having maths learning difficulties to a lesser degree.

Like many learning difficulties, dyscalculia rarely occurs in isolation. 11% of people with ADHD have dyscalculia, and it often occurs alongside dyslexia or dyspraxia.

A visual depiction of statistics showing that 3-6% of people have dyscalculia and 11% of people with ADHD have dyscalculia

Similar difficulties can also onset later in life, due to conditions such as a brain injury or stroke. This is called acalculia.

Diagnosis

Dyscalculia appears under the “specific learning disorder” (SLD) section in the Diagnostic and Statistical Manual of Mental Disorders 5th Edition (DSM-5). There’s no set test for dyscalculia. A psychologist may evaluate using academic history, personal accounts and numeracy assessments.

In the UK, there’s no standardised pathway for obtaining a diagnosis, particularly for adults. This means that many people with these difficulties will never be told they have dyscalculia, unless they pursue a diagnosis privately. Various ‘screeners’ are available, many for a fee, that can give an indication of whether dyscalculia is ‘likely’, though these tools cannot diagnose.

‘Maths Anxiety’

Often people don’t know that they have dyscalculia but are very aware of things that they find difficult, with no explanation for these difficulties. This can cause anxiety, which in turn can make people feel embarrassed and avoidant of certain tasks, or of asking for help.

People may feel embarrassed about using strategies such as counting on fingers or worry that they are holding others up when they need time to write things down or ask questions.

In education, it’s almost an accepted norm to say, ‘I hate maths’, but the dread of numeracy can creep into other subjects too, particularly as people get older and academic study becomes more nuanced. For example, what is physics, if not science maths? Chemistry is surely the maths that makes things go boom. Higher level education often relies on an ability to extract meaning from journal articles and research, where statistics, percentages, confidence intervals, standard deviations and ratios are commonplace.

Personal experience

Communicourt intermediary, Rory, has experienced persistent difficulties relating to numbers. He has kindly shared his personal experience of these difficulties:

“For me, I’ve taken the free screeners and been unsurprised by their indication that I may have dyscalculia. It sits alongside my being diagnosed with ADHD last year and would explain a lot of the difficult and anxiety-written experiences with maths and numbers that populated my education.

I have struggled with maths for as long as I can remember. Despite being labelled ‘gifted and talented’ in other subjects, I felt totally and stressfully behind in maths lessons. The phrases ‘You just think you can’t’ and ‘If you could just apply yourself’ came up a lot from well-meaning teachers and family members

Labels and diagnoses are not for everyone, but for me the explanation helps.

I am, regardless of a label, an adult who only knows the 5 times table (if given time to recite it whilst counting on my fingers).

I only know two phone numbers and two PIN numbers, and if I learn more, I think one may well fall out.

I wasn’t confident with telling the time on analogue or 24-hour clocks until I was in my teens.

I had 9 years of very patient maths tutoring and, every week, I turned up having forgotten all the processes I had learnt the previous week. (And the 450 weeks before that… Sorry, Mr K.)

I can listen to a personal finance podcast and understand the concept of a mortgage, or watch a (dozen) videos explaining what a standard deviation is, but once I try and apply that concept to actual numbers, it all crumbles away.

And very quickly, this becomes a list of things I’m not good at. And that then becomes a list of things I avoid doing in front of others, or at all. BUT, if I can admit that I find it difficult, I can spend my energy on working around that difficulty instead of beating myself up over it.

For example, If I’m given a code for a door at court or locker at a prison, the person who gives to me is going to have to wait while I dig out my trusty Post-Its or notes app and write it down. If I ask a service user for their date of birth, you can bet I’ll be heading straight for my trusty date calculator website to check if the age they gave was correct. I photograph the number on my hotel door before I leave. I’ve been blessed with ten fingers, and it would be rude not to use them for every counting opportunity that I can.

It’s not a flawless system. More than once I’ve diligently reviewed the number of the card I’m using for an online transaction and presently been contacted by the finance team to ask if I intended to buy my fancy pants on my company card (Sorry, Pam).

I still avoid certain tasks. I steer clear of credit cards, loans and investments because I haven’t got the foggiest idea how they work. If I can, I will pay something in a lump sum rather than instalments, to avoid any more numbers to keep track of. I have to trust that when my partner says, ‘This how much your share of the rent and bills comes to’, he’s telling the truth. (Hopefully he is and is not just saving for an early retirement at my expense. He is a spreadsheet man, and those things could say ‘Formula to steal all Rory’s money’ and I wouldn’t know…)”.

Dyscalculia in court proceedings

The intermediary role is generally associated with the understanding of words and language, and the understanding of numbers is not something that is typically considered when the court requests an intermediary assessment. However, time and number concepts are used in many areas of life and communication, and therefore difficulty with these concepts can impact court users’ participation in proceedings too.

For example:

  • Recalling and referring to dates is common in both written and oral evidence.
  • Detailed timelines and chronologies are often used in Crown court cases.
  • Navigating paperwork and court bundles e.g. ‘Page C653’ or ‘Paragraph 12.25’.
  • Expert reports often refer to percentages, percentiles, scores and ranges.
  • Number concepts occur in everyday speech e.g. “John missed a third of his classes” or “Mr Jones was late to 75% of the appointments”.
  • Difficulty with reading and estimating time can make planning journeys to court stressful, impacting service users’ punctuality and emotional state on arrival.
  • Knowing that being told to come back at “twenty to four” means they have to be back when their mobile phone shows 15:40.
  • Embarrassment or negative feelings about numeracy difficulties can lead to court users feeling anxious or trying to mask their difficulties. This can have a knock-on impact on attention, rapport-building and emotional regulation.

Communicourt intermediary assessments often look at a court user’s grasp of time and number concepts, and explore existing and potential strategies to assist each individual’s difficulties in the context of legal proceedings.

For more information on numeracy difficulties (and how legal professionals can assist court users with this area of difficulty) download our free guide on The Access Brief.

A speech bubble on a colourful background reading: "I've been feeling ... Can we talk?".

Open up on #TimetoTalk Day 2023

Today is Time to Talk Day, a day dedicated to breaking the silence around mental health. It’s a reminder that it’s important to check in on our mental health and the mental health of those around us. But let’s not limit these conversations to just one day a year. Let’s make it a daily practice to check in with ourselves and each other.

We’re taking this opportunity to remind everyone that it’s okay to not be okay and encourage you to reach out for support if you need it. Here are some general tips for maintaining good mental health.

  1. Take care of your physical health by eating well, getting enough sleep and exercising regularly.

  2. Connect with others, this could be through face-to-face conversations, phone calls or virtual chats.

  3. Practice mindfulness and relaxation techniques such as meditation or yoga. There are some great options online including Yoga with Adriene and the Calm app.

  4. Set realistic goals and work towards achieving them.

  5. Remember that it’s okay to ask for help.

Listening tips

Although it is Time to Talk Day, it’s also important to consider the people who listen and offer support.

At different times in life we may need to talk, at others, we may take on the role of listener and supporter. Both sides of this equation can be challenging and rewarding in different ways. Listening can feel draining or can impact your own wellbeing, but it can also help you feel connected and positive about your impact on others.

However, sometimes it can be hard to know how to reach out and talk to a someone who may be struggling with their mental health. Here are some tips to keep in mind:

  1. Be direct and honest. Let your friend know that you’re there for them and that you are worried about their well-being.

  2. Actively listen. Give your friend the space to share their thoughts and feelings, without judgement.

  3. Validate their feelings. Let them know that it’s okay to feel the way they do and remind them that they are not alone.

  4. Offer support. Let your friend know that there are people and resources available to help them (see resource list below).

  5. Encourage them to speak to a professional. Sometimes talking to a therapist or counsellor can be the best way to get them the help they need.

There are many charities out there who provide support and resources for people facing mental health issues. Some of these include:

  • Mind: Offers advice and support for better mental health.

  • Samaritans: Provides confidential emotional support to anyone in distress or finding it hard to cope. Samaritans are available to speak to 24 hours a day, all year long. Call them on 116 123 (free from any phone).

  • Rethink Mental Illness: Works to improve the lives of people affected by severe mental illness. Call them on 0808 801 0525 (between 9:30am and 4pm, Monday-Friday). If you want to webchat instead, visit this link between 10am and 1pm, Monday-Friday.


  • SANEline: If you are supporting someone with mental health problems or going through a mental health problem yourself, call SANEline on 0300 304 7000 (lines are open between 4:30pm and 10:30pm everyday).

  • Campaign against living miserably (CALM). Call the team on 0800 58 58 58 between 5pm and midnight, the lines are open every day. If you’d rather not speak on the phone, CALM have their own webchat service.

  • Your GP: Don’t forget, your mental health is just as important as your physical health.

If you, or someone you know is struggling with mental health, reach out to these charities, other support organisations or friends and family for help. Remember, talking about mental health is not a sign of weakness, it’s a sign of strength. It’s Time to Talk.

Time to Talk at court

Communicourt specialises in facilitating communication for individuals going through court proceedings. We see first-hand the very high levels of stress that court users can experience, and the toll legal proceedings can take on people’s mental health. In turn, this can negatively impact upon communication. 

From communicating with court users with mental health difficulties at some of the most difficult moments of their lives, our intermediaries are skilled in supporting people to talk at difficult moments.

Here are some lessons we’ve learned about really listening at court…

  1. Build rapport and create a safe and comfortable environment to enable effective communication.

  2. Allow time for clear communication and actively encourage court users to express themselves.

  3. Be aware of emotional dysregulation and provide support in a non-judgemental and empathetic way. Consider whether the individual needs a break and ask about strategies which can help them at difficult moments (whether that’s taking a walk, listening to music, doing a mindful activity or speaking to a supportive loved one).

  4. Ensure court users understand the legal proceedings and the court process.

  5. Empower court users to take control of their own mental wellbeing. Provide them with the resources (e.g., stress balls or fidget objects) they need to cope with the stress and uncertainty of a court case.

At Communicourt, we see first-hand how mental health difficulties can impact an individual’s ability to navigate the legal system. To find out more about the intermediary role, explore our website or visit The Access Brief (a free library of resources for legal professionals working with clients who have communication difficulties, including mental health difficulties).

On The Access Brief, you will find free downloadable guides on topics including supporting emotional regulation, assisting clients who have a range of diagnoses and what it’s like to work with an intermediary at all stages of family and criminal proceedings.

What are Special Measures?

What are special measures and when are they implemented in legal proceedings? Intermediary Georgia Fleming explores the adjustments family and criminal courts can make to improve access to justice for court users with communication difficulties.

Photo by Mahosadha Ong on Unsplash

When talking about “special measures” in court, most people immediately think about large screens concealing witnesses and children giving evidence via video link. Whilst those strategies are perhaps the most well-known, they are not the only measures that we, as intermediaries, recommend to improve an individual’s participation in legal proceedings.

In simple terms, special measures are adjustments to typical court practices, which are made to help court users (particularly vulnerable witnesses and family court respondents with communication needs) participate fully in court proceedings. Special measures are sometimes also available to defendants with identified needs.

Special measures can vary whether you are in a family court or a criminal court. It is our job, as intermediaries, to look at a service user’s communication profile and determine what strategies or measures would assist to ensure that they can engage fully in proceedings, in the relevant setting. It’s also important to note that special measures can be implemented at any stage of proceedings, they are not restricted to during a court user’s evidence.

In this blog post, we will be looking at special measures in courts and how they can assist service users. We will also explore some of the different ways that we, as intermediaries, ensure best participation and engagement in court, including our role in recommending special measures to the court, following intermediary assessment of the individual concerned.

Special Measures and Criminal Court

Special measures in criminal court were first introduced in the Youth Justice and Criminal Evidence Act 1999 (YJCEA).  This act outlined a range of measures that can be applied to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses.

Not everybody can ask for special measures, however. In court, a witness or defendant may request special measures if:

  • They are under the age of 18
  • They have a mental health difficulty
  • They have a learning disability
  • They have a physical disability
  • They are an intimidated witness
  • They are a victim of a serious crime
  • Or a combination of the above

Just because a person is eligible, does not mean the court will grant special measures. The court has to be sure that the use of special measures will assist defendant or witness to participate fully in proceedings and give their “best evidence”.

Special Measures and Family Court

The guidelines regarding special measures in family court are similar. Special measures are granted for “vulnerable” individuals in family court proceedings under the Family Procedures Rules 2010A. The 2010 Family Procedures Rules (FPRs) were updated in 2017 to ensure that vulnerable individuals were treated more fairly in family court. Previous reports had suggested that the family justice system lagged behind the criminal justice system in its procedures protecting vulnerable individuals. The updated FPR sets out more clearly what constitutes a vulnerable individual and notes that it is imperative that individuals who may be vulnerable are identified as early as possible in the court process. The updated FPR recognises that there are several ways in which an individual might be considered vulnerable. Vulnerabilities may relate to:

  • the social and cultural background and ethnic origins of the party or witness
  • the domestic circumstances or religious beliefs of the party or witness
  • the ability of the party to understand proceedings, make informed decisions and give instructions.

The criteria for special measures in criminal court (above) also apply to family proceedings, e.g., age, mental health difficulty, learning difficulties etc.

Special measures are not restricted to respondents in a family case, but also apply to intervenors, witnesses and child witnesses who are involved. The FPR also state that a Ground Rules Hearing is essential to ensure fairness throughout the trial. The Ground Rules Hearing is also a great opportunity for us intermediaries to speak to the court and make our recommendations.

Examples of Special Measures

There are many examples of special measures which can be implemented in court. Such as:

  • Intermediary assistance – The assistance of an intermediary during a trial or a family court hearing is an example of a special measure. The role of an intermediary is to facilitate communication between the courts and the service user. This involves the intermediary assessing someone’s communication profile and considering different strategies which can assist them with the court process, then implementing these strategies to support the service user’s understanding, engagement and participation.

  • Screens – These can be used so that a witness is only seen by the barristers, the judge and the jury (if in criminal court). This can help alleviate anxiety and help the witness to better engage in proceedings. Anxiety can impact an individual’s participation and concentration in court, as well as their ability to focus and answer questions accurately when giving evidence. Moreover, screens can help shield a witness so that they do not have to see certain people in court, which can help manage anxiety levels and improve their engagement.

  • Live link – This enables the individual to give evidence during the trial or hearing from outside the court through a video-link to the courtroom. This can take place from different locations, such as in a video-link room at court, in the individual’s house or from their solicitor’s office.  

  • Evidence given in private – (Criminal court only) This involves excluding members of the public and sometimes even the press from the courtroom during an individual’s evidence. Again, this helps to ensure “best evidence” as well as best possible engagement.

  • The removal of wigs and gowns by judges and barristers – (Criminal court only – N.B. legal professionals do not wear wings and gowns in Youth Court). This measure can help support the emotional management of a court user who may find these accessories intimidating, confusing, distracting and/or anxiety-inducing.  

  • Pre-recorded interview – This is usually permitted for those who are vulnerable or who would not be able to give their “best evidence” in person. The practice allows them to record their evidence in advance, with questions put to them in an agreed manner by an agreed individual. This removes the need for them to give live evidence during proceedings.

What are the advantages to Special Measures?

There are many advantages to having special measures. In some cases, their implementation can completely transform the way in which a person participates in legal proceedings and can help them to give evidence to the best of their ability.

Without special measures, the fairness of a court case can change drastically. For example, if a defendant who suffers from severe anxiety is denied the use of a screen in court, it is likely that their evidence will be seriously affected. They may inadvertently forget key information, have difficulty accurately processing questions put to them, struggle to challenge incorrect assertions put to them or misremember important facts, all due to the effect of their anxiety on giving evidence in front of a courtroom and public gallery. Adaptations, such as the use of a screen or live-link, can allow the defendant to better manage their anxiety and give their best possible evidence to the court (which benefits justice as a whole).

Case Study: 17 year old defendant in Crown Court

I once attended Crown Court to assist a young defendant called Jamie [false name]. We met in the cells with his barrister, and it was clear from the offset that he was extremely nervous. He was restless in his seat, fidgeting with his hands and swinging his feet.  Having read his intermediary report (which noted his diagnosis of ADHD), I was expecting him to present in this way.

He made little eye contact, and his breathing was rapid. Whilst making superficial conversation, he turned to me and said, “You know what scares me the most? The stuff they wear. I’ve seen it on TV”. I asked what he meant, and he replied, “The stuff they put on their heads and the black gowns. Feel like I can’t look at them”. This is not uncommon. For many people, court is daunting, however as a young defendant, you are under particular pressure, due to your age and the unfamiliarity of your surroundings.

I began thinking about ways to make the process easier for him. The trouble is, court is never easy nor straightforward, regardless of individual difficulties. However, due to his age, and particularly his ADHD diagnosis, the trial was going to be especially difficult for Jamie. After 30 minutes in a pre-trial conference with his legal team, it was evident that he was fatigued and disengaged. I could only imagine how he would feel after a full day in court.

In preparing a list of suggested Ground Rules, we always read the intermediary report whilst also considering our own experience of working with the service user. From my meeting with Jamie, I already knew the type of special measures I would recommend in the Ground Rules Hearing. In court, I outlined Jamie’s communication difficulties and recommended the following measures (among others):

  • Gowns and caps to be removed in the courtroom to help minimise Jamie’s anxiety and support his emotional management.
  • All counsel to refer to Jamie by his first name, to aid his engagement throughout proceedings.
  • Jamie to be permitted to use a fidget aid, both in the dock and whilst giving evidence, to assist his concentration.

The judge immediately approved all these measures. When I informed Jamie of this, his demeanour completely changed. It was like a weight had been lifted from him. Just like that, his outlook on the whole trial had transformed. He presented as being more relaxed and focused. It also improved my rapport with Jamie. He began to ask more questions and would let me know if he didn’t understand something. His presentation at the end of the trial was completely different from the beginning, which is testament to the special measures put in place to help his participation.

Unusual special measures

While some special measures are widely recognised and applied, others require greater creativity or may be more unusual. They may be bespoke, in response to the specific court user’s individual needs and difficulties. For example:

  • Altering the lighting in the courtroom, if a person has sensory sensitivities which can impair attention or adversely impact emotional management.

  • Allowing the individual to attend court in clothing (or with a particular item) which assists their emotional regulation (for example, I once assisted an autistic person whose slippers were a special sensory item, which considerably aided his emotional regulation).  

  • Allowing the individual’s therapy animal in the courtroom to alleviate anxiety.

As intermediaries, we are always grateful to the court for considering and permitting measures we recommend. Although they can be effortful to implement, these special measures can be vital in ensuring an individual is able to participate as effectively as possible in proceedings. 

To learn more about special measures, Ground Rules Hearings and the intermediary role, visit The Access Brief, a free library of resources, developed by intermediaries for legal professionals. Here you will also find free, bite-sized guides to assisting court users who have a range of diagnoses and common communication difficulties.

Intermediaries asked ChatGPT to simplify complex legal information

From writing your dissertation to creating a snappy business tagline, ChatGPT is the latest piece of Artificial Intelligence poised to steal your job. Created by Open AI, the tech allows users to ‘chat’ with its system and to ask it to complete an endless range of text-based tasks, from producing copy for a website, to writing poems:

Limerick written by ChatGPT

According to Business Insider, “Chat bots like GPT are powered by large amounts of data and computing techniques to make predictions about stringing words together in a meaningful way. They not only tap into a vast amount vocabulary and information, but also understand words in context. This helps them mimic speech patterns while dispatching an encyclopedic knowledge”.

Intermediaries vs. AI

So, how do ChatGPT’s simplification skills stack up, and could the intermediaries of the future be generated by artificial intelligence? We decided to put it to the test.

Before we put the bot through its paces, it’s important to remember that every person Communicourt supports is unique, with their own, individual profile of communication strengths and difficulties. Intermediaries carefully assess each person’s communication skills, producing bespoke intermediary reports which recommend specific adjustments and strategies to improve the individual’s participation in legal proceedings.

The intermediary role is a person-centred role, which relies heavily on human connection. Rapport building, exploring strategies creatively and responding empathetically to service user needs are core intermediary skills. It is difficult to imagine artificial intelligence replicating these skills any decade soon.

However, with a suite of endlessly adaptable tools behind the scenes, it is theoretically possible to ‘teach’ tools like ChatGPT to explain legal proceedings using a range of different approaches (simplified vocabulary, defining complex terms, using analogy, using ‘flow charts’, using short sentences, using bullet points etc.) which could assist a range of court users with diverse communication needs.

Let battle commence…

To test out the tech, we asked both a Communicourt intermediary and ChatGPT to complete some short simplification tasks. Here are the results:

Round 1: An extract from a court order

Original: All parties must immediately inform the allocated judge as soon as they become aware that any direction given by the court cannot be complied with and to seek in advance an extension of time to comply. In the event that a party fails to comply with directions and/or fails to attend any hearing without good reason the court may make final orders including care orders and placement orders at that hearing.

ChatGPT simplification: All parties must tell the judge if they can’t follow a court order and ask for more time. If they don’t follow the order or show up to a hearing without a good reason, the court may make final orders (decisions) about care and placement.

Intermediary simplification:

Everyone in the case must tell the judge if there are any problems with:

  • Finishing the parenting assessment by 10th February 2023.
  • Getting Dr [NAME] to write down his opinion by 10th February 2023.
  • Doing the drug test by 14th February 2023.

If there are any problems, they must tell the judge and ask for more time.

The judge can make a final decision at the next hearing, even if:

  • You don’t do the tasks the court asked you to do (like the drug test).
  • You don’t come to the next hearing without a good reason.

The judge’s final decision could be:

  • Making a care order (deciding CHILD can’t live with you).
  • Making a placement order (deciding social services can look for a new family for CHILD).

*(invented examples for context).

Round 2: Simplification of court concepts – Threshold

ChatGPT simplifications:

Request: Explain “threshold” in care proceedings in simple terms:

Threshold in care proceedings is a legal term used to describe the level of harm or risk of harm that must be met before the court can make an order taking a child into care. It is based on the principle that it is only in exceptional circumstances that a court should interfere with a family’s right to look after their own children.

Request: Use a flow chart to explain “threshold” in care proceedings in simple terms:

Start: Is there evidence of significant harm to the child?

Yes:→ Proceed to court
No:→ End

Proceed to court
Are there any other factors that suggest the child is at risk of significant harm?

Yes:→ Court will consider threshold criteria
No:→ End
 
Court will consider threshold criteria.
Does the court believe that the child is likely to suffer significant harm if no action is taken?

Yes:→ Court will make a care order
No:→ End

Intermediary simplification:

  • Threshold is a word used at family court.
  • It means that the parents* have ‘crossed a line’ and put their child at risk.
  • Social services have to prove to the judge that you have ‘crossed a line’ and put Millie at risk.
  • If the judge believes them, she could decide that Millie can’t live with you anymore.

These are the things social services say ‘crossed a line’ and put Millie at risk:

*(invented examples for context).

Round 3: Simplification of complex concepts – Joint Enterprise

Request: Explain joint enterprise to a person with learning difficulties

Joint enterprise is when two or more people work together to commit a crime. It means that each person involved in the crime is responsible for the actions of the other people involved. For example, if two people rob a bank together, they are both responsible for the robbery even if one person did not actually do anything.

Intermediary simplification:

Joint enterprise is used when two or more people do a crime together.

It means you can be guilty of a crime, even when you didn’t do it yourself.

This is why the police say you stole Kate’s phone*:

  • You didn’t touch the phone or talk to Kate.
  • But you were there when John threatened Kate and took her phone.
  • Your texts show that you knew what John was going to do.
  • You didn’t try to stop him.
  • Because you were standing next to John, Kate felt more scared (there were two of you).
  • This helped John to steal her phone.

This means that the jury can decide you are both guilty of stealing the phone.

*(invented examples for context).

And the winner is…

ChatGPT offered some good, rapid simplification of some concepts and legal documents. However, many lower-frequency words (e.g. “significant harm” and “final order”) and longer sentence structures still appeared in the bot’s simplifications (although it is possible to further refine the app’s output).

However, for time-strapped solicitors working with a client who has difficulty reading complex court documents with understanding (and do not have an intermediary), this technology is certainly something which could prove helpful in future. Of course, AI-simplified documents would require careful review before provision to clients, however, the technology could potentially assist solicitors to provide more accessible court documents to their clients, without needing to simplify the text themselves.

One important aspect of simplification (making concepts, vocabulary and information relevant and concrete for the service user) was particularly absent from the simplifications offered by artificial intelligence. A human intermediary can quickly assimilate information about a case, apply it to their understanding of court concepts and develop simplifications which are accessible for each individual court user in their specific case – all while taking into consideration a very wide range of factors (the environment of the explanation, the service user’s response to intermediary assistance, their emotional regulation, their attention, their communication difficulties and strategies which assist them).

AI certainly has the capacity to eventually attune its output depending on a wide range of variables (like those listed above). However, human connection, responsiveness and adaptability lie at the heart of the intermediary role. So, don’t expect IntermediaryBot3000 to be taking the affirmation in the courtroom any time soon.  

Learn more about the intermediary role

To learn more about simplification or other aspects of the intermediary role, visit The Access Brief (our free library of resources for legal professionals working with a client who has communication needs). You could also tune into the Accessing Justice Podcast to listen to discussions about ensuring equal access to justice for court users with a wide range of diagnoses and difficulties.

Intermediary assistance and EUPD

How does Emotionally Unstable Personality Disorder (EUPD) impact court users involved in legal proceedings? And how can an intermediary assist? Communicourt intermediary, Rhianna McGreevy, takes a closer look at this diagnosis and strategies to improve access to justice.

Emotionally Unstable Personality Disorder [EUPD] (also known as Borderline Personality Disorder [BPD]), is a complex and misunderstood condition. Individuals who carry this diagnosis may experience longstanding pervasive difficulties in relating to others and themselves. The difficulties that individuals with EUPD experience will usually be apparent in multiple situations across their personal and professional lives.

The Diagnostic and Statistical Manual of Mental Disorders (DSM-5) identifies 10 personality disorders, which are subdivided into three ‘clusters’. These clusters group the disorders in terms of their defining characteristics. EUPD is one of four personality disorders in Cluster B, all of which are defined by their “dramatic, emotional or erratic” nature.

What causes EUPD?

It is hard to determine what causes EUPD, but studies have suggested that it is likely a combination of genetic and environmental factors. The heritability of EUPD is estimated to be around 46%. However, while genetic pre-disposition may increase your likelihood of diagnosis, there are many other factors that contribute to someone’s overall risk of developing EUPD. The individual, their environment and their personal circumstances are all extremely influential.

It is common for people with EUPD to have experienced a significant trauma. Common environmental factors that have been experienced by people with EUPD include being the victim of sexual, physical, or emotional abuse, or the experience of adverse childhood experiences (ACEs) which can include growing up in a neglectful environment, growing up in fear, or living in the shadow of a relative with poor mental health or substance abuse issues.

Stigma and labels

EUPD is heavily stigmatised as a condition, and individuals with the diagnosis are often deeply and profoundly misunderstood. Using the word ‘disordered’ to describe an individual’s personality can denote a sense that there is something wrong with the very essence of who they are. The individual with EUPD may find that others do not view their behaviour in the context of their diagnosis, but rather see the individual as being wilfully and deliberately unreasonable or selfish.

This simplifies a very complex subjective experience and disregards the deeply rooted causes of EUPD. Our brains are constantly trying to adapt and survive, and personality disorders are often developed in response to difficult circumstances. Emotionally unstable personality disorder, and the thoughts, feelings and behaviours that accompany it, are more helpfully viewed as the brain trying to adapt in order to survive the abandonment, abuse, or neglect it has experienced in the past, and to protect the self from experiencing similar traumas in the future.

Symptoms of EUPD

Individuals with EUPD often live with an intense fear of abandonment. They may carry a deep-rooted belief that they are inherently ‘bad’, and that others are ‘good’. They may also be hypersensitive to the possibility of rejection. If they feel as though there is a threat of being abandoned, whether this threat is real or imagined, this can cause them to spiral into self-destructive patterns.

The emotions that accompany rejection or abandonment can be incredibly painful for individuals with EUPD to process, and the resultant behaviours may explode outwards in the form of lashing out at others or sabotaging interpersonal relationships. Individuals may also internalise rejection as confirmation of their essential ‘badness’, or ‘worthlessness’, and this may manifest as feelings of deep self-loathing, disassociation from the self, or even self-harm and suicide. Between 3% and 10% of people diagnosed with EUPD take their own lives, a figure that is 50 times higher than the suicide rate in the general population.

Relationship difficulties

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Another common feature of EUPD is unstable and tumultuous personal relationships. There may be intense and abrupt changes in how they perceive and relate to those closest to them. A person with EUPD may have unrealistic perceptions of others, lurching between seeing someone as an idealised version of themselves who can do no wrong, to an enemy who is vindictive and cruel. The emotional inner life of individuals with EUPD is very complex and intense, which means that they can find it difficult to understand other people’s perspectives. This can be unpredictable and difficult to deal with and consequentially makes it very difficult for people with EUPD to sustain long-term, healthy interpersonal relationships. Their personal lives may be characterised by patterns of instability and volatility.

Relationship to self

In the same way that individuals with EUPD may struggle to relate to others, they can equally have difficulty relating to their own sense of self. They may behave impulsively, suddenly shifting their identity, career, outlook or plans. They may be self-destructive or reckless and engage risky behaviour, such as substance abuse, gambling or self-harm.

Emotional regulation

Individuals with EUPD are highly sensitive, and can experience intense emotional shifts, which may be triggered by relatively small stimuli. Analogously, if a person had experienced a serious injury to their leg, it would only take the slightest of impacts for the wound to be re-opened, and for the intense pain to return. Similarly with EUPD, what may seem a minor incident to others, can result in an all-consuming and apparently disproportionate emotional response. In particular, individuals with EUPD may have difficulty managing conflict in relationships and regulating their anger. They may have outbursts which escalate out of control. They may find it difficult to calm down and self-soothe, and their anger may eventually collapse inwards into feelings of shame and guilt, which intensifies their negative self-view.

Dissociation

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EUPD is often characterised by chronic feelings of emptiness. This may manifest as a feeling of numbness and an unsettling sense of disconnection, both with others and with the self. In these periods of emptiness, people with EUPD may appear restless and seek external distraction. In times of extreme emotional distress, this sense of disconnection may deepen into a state of de-personalisation or de-realization. This is a temporary state of extreme dissociation, where the individual detaches from reality completely. The individual may feel as though they are not a real person or that they don’t exist at all.

Comorbidities

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In addition to the specific challenges of EUPD, the diagnosis has a high rate of comorbidity, which means that individuals with EUPD often live simultaneously with other mental health issues. The most common comorbid diagnoses with EUPD are depression, anxiety and substance abuse. This adds a separate and distinct layer of challenge for the individual, which could further impact their ability to manage the challenges of their diagnosis.

EUPD in court proceedings

Living with emotionally unstable personality disorder can be intense and challenging at the best of times. These difficulties are only heightened in the court environment, which can be relentless, stressful, and highly emotional. Without adequate support, there may be a significant negative impact upon individuals with EUPD who have to attend court. The experience may have destructive consequences for their emotional wellbeing, and their ability to fairly participate in the court process may be impacted as a result.

Emotional management

Intermediaries can offer a level of assistance and support to individuals with EUPD which may improve their experience of court and increase their ability to participate. Intermediaries are not advocates, support workers or mental health professionals, and we are employed solely to assist the understanding and participation of the individual. However, there are circumstances in which intermediary assistance can positively affect emotional management. For example, if an individual is becoming distressed in court proceedings because they are struggling to understand what is happening, the support of an intermediary to understand what is being discussed may prevent them from becoming emotionally dysregulated.

Clear, consistent communication

When working with service users with EUPD, it is crucial that good communication is modelled by professionals. The most effective communicators will present information in an accessible way, with patience, dedication, and transparency as central principles. Anything less than this may leave the service user feeling left in the dark and confused. For individuals with complex emotional needs, clear and consistent communication is especially important. For example, language may be routinely used in court with which the service user is unfamiliar, or time constraints may mean that there is not an adequate chance within each hearing to process information. The service user may not be informed about the purpose of a specific hearing, or they may not have any concept of what to expect from the court day. For individuals with complex emotional needs, situations like these may leave them feeling left behind, unimportant or disregarded. This could be triggering for the individual and may cause them to spiral into an adverse emotional response.

The intermediary role, as a dedicated communication specialist who is ultimately impartial, can help to mitigate some of the risk of a negative experience for a service user with EUPD. In court, the intermediary will endeavour to make sure that the service user is fully informed about what is being discussed at all stages of proceedings, by using simplified explanations and visual aids. The intermediary can also create a court timetable, to manage expectations about what is happening within the court day. The intermediary can ensure that the service user has a clear sense of the purpose of each hearing, and that they feel included in the conversations which concern them. An intermediary’s presence can help to bridge the gap between the complex legal discussions that take place at court, and the unique emotional needs of a service user with EUPD.

Rapport building

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Intermediaries are adept at building rapport, and this is central to a constructive working relationship with any service user, but particularly one who has a diagnosis of EUPD. Working closely with someone with this diagnosis can be an unpredictable experience, and the difficulties that individuals with EUPD have with emotional regulation will only be exacerbated in an emotional court environment. When rapport is established, this is a foundation of trust from which effective strategies can be implemented, and support offered in moments of dysregulation. For example, the intermediary can assist the service user by implementing grounding exercises, such as deep breathing. They could also offer the use of anxiety aids, such as fiddle objects, to assist the service user to remain calm. The intermediary can offer a level of emotional support to the service user if things reach a crisis point.

Boundaries

It is important, however, for clear emotional boundaries to be in place at all times. The balance needs to be appropriate, and the impartial role of the intermediary uncompromised. The intermediary must not be inflexible, if they are too rigid and stringent with their emotional energy, they may appear defensive or cold. Conversely, if the intermediary does not establish healthy personal limits, they may find themselves taking on the emotions of others, which may interfere with their ability to provide appropriate support.

Triggers

If an intermediary is able to build a strong rapport and working relationship with a service user who has EUPD, they may be able to anticipate the triggers which cause negative reactions and prevent them from occurring before things spiral out of control. The service user may function better at a particular time of day, or in a particular setting. The intermediary can make recommendations to the court based on this, for example, suggesting that hearings take place in the afternoon, or suggesting the service user attends from a familiar environment, such as their solicitor’s office. The service user may find it harder to regulate their emotions if they are fatigued, uncomfortable or hungry. Although this may sound relatively simple, these factors can have significant consequences and are easily avoided. The intermediary can monitor the service user’s wellbeing and alert the court to take breaks as needed. The service user may be triggered by coming into contact with specific individuals, and special measures, such as screens, can be used to prevent individuals from encountering other parties in proceedings.

Giving evidence

Often individuals with EUPD will find it difficult to remain calm when they feel they are being ‘attacked’. Whilst court is undeniably a tense environment, and giving evidence is doubtless a stressful experience, the intermediary can make recommendations to help make this process less fraught. For example, when giving evidence, it may assist the service user if they are asked questions in a neutral tone, as they may respond poorly to an adversarial approach. The service user may be more likely to give their best evidence if questions are pooled, and asked by one advocate, as this limits the number of people the service user will have to interact with and may remove an element of anxiety about the process. The service user may be assisted by frequent breaks whilst giving evidence, to manage the increased pressure on their communication skills, and the likelihood that they may become dysregulated if they have to confront difficult and distressing topics during questioning.

EUPD is a complex condition which is extremely challenging for those it impacts. The emotional turmoil that individuals with this diagnosis may experience can be a significant barrier to their understanding and participation in court. There is no simple remedy for the challenges that this diagnosis poses, but the assistance of an intermediary can offer dedicated support and strategies to assist individuals with EUPD throughout proceedings.

Communicourt resources

Learn more about mental health and communication difficulties on The Access Brief, a growing library of downloadable resources for legal professionals, developed by intermediaires. The collection includes guides to Attention Deficit Hyperactivity Disorder, Post-Traumatic Stress Disorder, creating visual aids to support clients with communication needs, writing easy read documents and more!

To learn more about ‘Hidden Disabilities’ like EUPD, tune into series 2 of our Accessing Justice Podcast. In this series, we talk to experts about conditions which affect communication, but may be overlooked at court, from stammering and trauma, to ADHD.

Logo of the Accessing Justice podcast (text with an icon of the scales of justice)
Logo of the Accessing Justice podcast (text with an icon of the scales of justice)

Just Launched: Series 2 of The Accessing Justice Podcast (Hidden Disabilities)

We’re delighted to announce that the second series of Communicourt’s Accessing Justice blog has launched. This series will focus on Hidden Disabilities, from ADHD and aphasia, to trauma and stammering. 

This fortnight we are launching the series with an episode about stammering, featuring discussion between intermediay Miriam John and her former SLT lecturer (and stammering expert) Dr David Ward. Their conversation explores different stammering presentations, the possible impacts of stammering in legal proceedings, the ‘stammering iceberg’ and Miriam’s own experience of stammering.

Three more episodes are set to launch over January and February, with future podcasts coming later in 2023:

  • 16th January – Trauma with Dr Cliff Hawkins & Carla Millington (Intermediary)
  • 30th January – Stroke with Austin Willett of Different Strokes & Miriam John (Intermediary)
  • 13th February – ADHD UK panel discussion with William Scrimshire (MD of Communicourt)

We hope you’ll enjoy Accessing Justice. To join the discussion or to request future topics regarding communication difficulties and legal proceedings, please contact us on Twitter.

Georgina on a blue background with a quote from her blog about becoming an intermediary

Intermediary Journeys: Georgina’s Story

The saying, “Start them young”, has taken on a whole new meaning to me.

Hi, I’m Georgie and my younger brother has autism and I have been his ‘intermediary’ since I was five years old.

Autism is a type of developmental disorder that affects how a person communicates and interacts with the world. For my little brother, this world that so many others felt was normal, felt like living in a simulation. He didn’t start speaking until he was over four years old and, still to this day, struggles to understand the concept of sarcasm; this made basic day-to-day interactions very difficult.

My mother has always told me that I continually found a way to ‘understand’ my brother despite his difficulties, and I like to feel like I made even a small difference to his communication in early life. Her favourite story is from when my brother was three years old and could not verbalise what he wanted to eat. She told me how I drew out a picture of both items of food (a cheese string or a Babybel, probably!) and asked him to point to what he wanted. I now use visual aids as a strategy in my work as a court appointed intermediary.

Time at university

Studying psychology was a no-brainer to me. From a young age, I have always loved looking at the different ways our brains work and how autism affects the way my brother interacts with the world. For example, making small talk with a stranger on the bus, my brother would divert to his internal, learnt script. He would find it hugely distressing if anyone diverted from the script to answer the question, “How are you?”, with, “Not very good”.

I took modules in neuroscience, psychopathology and anything that would remotely relate to autism and how I can help my brother at home. However, it seemed that the research on autism is overshadowed by its negative connotations in relation to emotion, empathy, intelligence and crime etc. This made me extremely angry, as these things did not reflect the person I knew.

Did you know that the media produces disproportionately high-profile coverage for rare criminal offences involving autism? For example, a 2021 headline read, “Autistic boy killed baby brother”. It is articles like this which contribute to the erroneous belief that there is a link between autism and offending.

Photo by Roman Kraft on Unsplash

Learning about the misconceptions that the public had about autism led me to writing a university paper for my eyewitness psychology module entitled ‘Autism and Police Interviewing’.The paper explored the different language and social communication difficulties which autistic people can experience, which can make it challenging to obtain relevant information from them in a standard police interview?

I found that the more I looked into autism, the angrier it made me that autistic people were being unfairly criminalised and punished for their atypical understanding in police interviews and in court.

However, it was not until my third year at university when I took a “Crime and the Criminal Justice System” module that I learnt about intermediaries. It became clear to me at this point, that an intermediary (whatever that meant to me at the time) was someone that my brother would need if he ever found himself in that situation. However, at this point, the research on intermediaries was only in relation to child witnesses and said nothing about adults, defendants or respondents. Although my brother is not a child, I knew that his autistic characteristics and atypical understanding would mean he would struggle in cross-examination, and I knew he would not understand how the court system works.

After university

It was only after I graduated from university that I learnt about intermediaries in relation to defendants and respondents. I had been working in a rather boring accounts job for nearly two years and felt unfulfilled. I did not feel like I was making a difference or in a field of work I wanted to be in.

One of my close friends from university started working for Communicourt a short time after we graduated, and I learnt about all the wonderful things she was doing to make a difference to many vulnerable people in the legal system. I found myself lying awake at night thinking about that young woman at university, wanting to help people like my little brother. It was then that I decided to take a leap of faith – and the rest is history.

Now I work with people with communications difficulties just like my brother every day, using many of the skills I developed in childhood, at work. I am proud of the difference that I am making to our service users’ lives, and that I get to be a part of what is one of the most stressful and demanding moments in their lives. I am proud of the work that Communicourt do every day, and above all, I am proud of what my brother has been teaching me all my life.

Further reading

Brewer, N., Zoanetti, J., & Young, R. L. (2017). The influence of media suggestions about links between criminality and autism spectrum disorder. Autism, 21(1), 117–121. https://doi.org/10.1177/1362361316632097

Slavny-Cross, R., Allison, C., Griffiths, S., & Baron-Cohen, S. (2022). Autism and the criminal justice system: An analysis of 93 cases. Autism Research, 15( 5), 904– 914. https://doi.org/10.1002/aur.2690

rainbow background with different hands reaching up from the bottom of the image, with heart shapes. The text reads International Human Rights Day.

We’ve signed the British Institute of Human Rights Letter to Government

The 10th December 2022 is Human Rights Day, the anniversary of the creation of the Universal Declaration of Human Rights. This declaration is the foundation of the Human Rights Act (1998) which protects the rights of all UK citizens, ensuring we are all treated fairly and equally, with dignity and respect. The Act also sets out the responsibilities of those in power to ensure human rights are upheld.

To support and mark this event, Communicourt has signed a letter penned by the British Institute of Human Rights and signed by 156 other organisations. This letter calls on the UK Government to support the Human Rights Act (1998) and raises concerns about plans to replace the Act with a new “Bill of Rights”.

The British Institute of Human Rights is concerned that replacing the Human Rights Act (1998) will erode human rights in the UK. This is particularly concerning given the current cost of living crisis, which is forcing more and more people into instability, deprivation and positions of potential vulnerability.  

We support the British Institute of Human Right’s message that “that human rights are never relative and must always be upheld as what unites all of humanity” and that the Government must uphold the Human Rights Act (1998).

Supporting Human Rights at Communicourt

Each of the 16 articles of the Human Rights Act (1998) apply to all of our services users. However, Article 6 (The Right to a Fair Trial) and Article 14 (The Right to Non-Discrimination) are particularly intertwined with the work we do as intermediaries.

Article 6: The Right to a Fair Trial

As intermediaries, we work to ensure that Communicourt’s service users can participate fully in their trial or hearing. Although the Article doesn’t directly reference the use of intermediaries, Part 3 is especially relevant to our role. Among other rules, it stipulates that every person has the right to:

  • Be informed promptly, in a language which they understand and in detail, of the nature and cause of the accusation against them.

  • Have adequate time and facilities to prepare their defence.

  • Have the free assistance of an interpreter if they cannot understand or speak the language used in court.

For some people facing trial, the use of an intermediary is essential to protecting the above rights. In fact, M (A Child) (2012): Court of Appeal found a breach of the right to a fair trial after the respondent Father in the case was not given the support of an intermediary.

An intermediary can explore a defendant’s unique communication profile, make recommendations to ensure their understanding of the case against them and implement bespoke measures to assist them to:

  • Prepare their defence (if the intermediary is allocated to attend conferences prior to trial, they can support the individual to express their views and accounts to their legal representative, understand legal advice and give clear instructions).

  • Understand the accusation against them (e.g. by simplifying language, using visual aids to explain complex concepts and implementing other strategies to support the individual’s specific communication needs to improve their participation).

  • Provide information about the case “in a language they understand” (e.g. by simplifying legal terminology or creating easy read documents about the case).

Article 14: The Right to Non-Discrimination

This right can be described as a ‘piggy-back’ or conjunctive right. This means that it operates in conjunction with other rights, rather than serving as a right in isolation.

Discrimination means that you are treated less favourably than another person in a similar situation, because of a characteristic you have. For example, an individual with a learning disability should not have their Right to a Fair Trial adversely impacted because they have greater difficulty following and understanding proceedings. Instead, their Right to Non-Discrimination should be protected by the implementation of measures to ensure they are supported to participate effectively in legal proceedings.

We support the Human Rights Act (1998)

We stand with the British Institute of Human Rights in calling on Government to retain the Human Rights Act (1998). To learn more about the proposed replacement Bill of Rights and why this shift is cause for concern, read more online and follow @BHIR on Twitter.  

Further reading

Picture of tegan with quote from herarticle

Intermediary Journeys: Tegan’s Story

I remember reading the job advert for the role at Communicourt on the Royal College of Speech and Language Therapist’s website on their job bulletin board. It felt like something just ‘clicked’, like I had found it. It was a role that involved working with people (tick), in any major city (tick), getting to travel around the UK (tick), and being a part of the fascinating courtroom environment (major tick). At that time, I was in a job I didn’t really enjoy, newly graduated, living with my parents and missing the independence of the life I had had pre-pandemic.

The long and winding road…

My path to this post was by no means linear, and although I’ve previously felt embarrassed about this, I now see that a story with twists and turns tends to be much more exciting. I first heard about speech and language therapy when I was doing my A levels. I loved the concept of the career. At this time, I was studying both German and Biology and I felt that speech therapy combined my love of science and languages perfectly.

The indecisive part of my personality got the better of me though, and I decided to keep my options open, doing a broader degree in the knowledge that I could do a speech therapy masters later on, if I fancied it. As a result, I embarked on a very fun four years at Cardiff University during which, I spent time abroad in Germany, Munich and Heidelberg.

Living in a language bubble

Learning a language will humble you. As native English speakers, many of us can waltz through life – visiting exotic destinations, sure in the knowledge that if we should shout ‘help’, someone will understand us. Being in another country and trying to speak their language tested me in so many ways, but most of all, it allowed me to appreciate how it feels to be on the outside of the bubble, looking in.

Photo by Pieter on Unsplash

I distinctly remember one very confused look I got from a professor during class I was taking, as I struggled to string together a coherent sentence that explained my point. It was clear I had not succeeded. As time went on and my linguistic abilities in German grew, I felt more confident in expressing myself and understanding what people were saying to me. I was finally inside the bubble!

Until that moment, however, I had felt a sense of loneliness. I felt nervous about the simplest things like asking for a bag with my shopping or buying a ticket on the bus. It’s these experiences that remind me of how important our role is. We are there to break down the (often convoluted and complex) language of the courtroom to ensure that our service users are inside the ‘bubble’ too.

Working with communication difficulties

When I left university, I started to think about speech therapy again and so decided to work in a school with autistic students, as well as students with Developmental Language Disorder (DLD). We had a variety of pupils with different needs, from children who only communicated using PECS boards (symbol boards) to children that could tell you all about their weekend but really struggled to play and socially interact with their peers.

I worked closely with the speech therapists in the school, participating in their therapy sessions and implementing the programmes for the children. It was through this experience that I learned the importance of your tone of voice as well as your body language. Non-verbal communication was almost as important in deescalating situations and communicating effectively as the words I used.

As a result of my experience at the school, I felt I had a skillset that would transfer well to assisting people in the courtroom with their understanding and expression.

Communication and legal proceedings

Whether it’s plot lines in your favourite movie e.g., Romeo not getting the message from Juliet that she wasn’t really dead, or resolving family squabbles, I find that communication is the culprit time after time.

A colourful mosaic showing two people talking with flowers and a ctyscape
Photo by Giulia May on Unsplash

Mix-ups and miscommunications can cause a whole host of issues not least of all when it comes to understanding the law. The courtroom is where we, as practitioners, most often see the potential for breakdowns in communication, then we swoop in with something like a visual aid to save the day! Whether it’s breaking down what a Special Guardianship Order actually entails or what the judge means when they talk about ‘the Lucas direction’, our role is centred around effective expressive and receptive language skills, in a setting where the potential for confusion is great.

This is what drives me each day as an Intermediary. This thing we call ‘language’ is taken for granted so often. When communication comes easily to us, without much consideration, we can sail through interactions without a second thought to how it might be for someone who is struggling to understand or express themselves.

Making a difference

It has been incredible to see the difference our role makes to the lives of our service users first hand. I have walked away countless times thinking, if they hadn’t had an intermediary, that would have been really difficult for them. A particular experience stands out to me. This is something my mind drags up whenever I’m having a low confidence day:

I met Amy* in Birmingham with her solicitor, who needed to get her statement ready and written by the end of the day. Amy was very shy on first meeting and had learning difficulties. At lightening speed, her barrister explained what he wanted to get it done in the meeting, then asked the dreaded question – “Do you understand?”. Amy nodded her head. I was not convinced.

I asked her what the plan was for the day, and she turned to me and shook her head, “I don’t know”. I broke each point down and used gestures to assist her understanding. When I asked her again what the plan was, she was able to explain it in her own words.

We all took some deep breaths and, devising a visual timeline, we broke down what had happened over the past 15 years. Like many of our service users, Amy had been through a great deal. Walking back towards the train station, I thought about how differently the meeting might have gone if there was no one to draw visual aids to assist her understanding, if no one had asked the barrister to take it a bit slower, if no one had explained the many meanings of ‘financial abuse’ in simple terms.

I’m proud that this role allows us to uphold the human rights of an individual in our society. The court system is an overwhelming and confusing labyrinth, even for degree-educated people. To ask someone with additional needs to do this without support doesn’t seem just. Being an intermediary means making sure that the playing field is levelled (great figurative language there!) and that everyone in the courtroom feels as though they’re inside that imaginary bubble.

*Names, details and locations have been changed to protect confidentiality

Man sitting outside with his head in his hands

How does stress impact court communication?

International Stress Awareness Week is a chance to explore ways to recognise, manage and reduce stress. Stress is a normal part of life but, in some cases, it can have a profoundly negative impact, resulting in feelings of hopelessness and an inability to cope. Although acute manifestations of stress can be a prompt which forces us to look more closely at the causes of stress in our lives, stress at any level should not be ignored, as its effects can be low-level but cumulative.

This post will outline what stress actually is, how it can affect individuals, how it can impact communication and how it can be managed in the courtroom to minimise its impact on court users.

Stress at court

There are no two ways about it – court is stressful. It’s often an unfamiliar and strange environment, where difficult topics with serious consequences are discussed and emotions understandably run high. To ensure effective participation, it is essential that defendants, respondents, appellants and other court users understand their case and are able to articulate their position. Unfortunately, stress often significantly impacts a person’s ability to communicate.

Our role, as intermediaries, is to provide communication support for court users who have identified communication needs, but it is important to remember that stress can negatively affect anyone’s communication skills. For court users with existing communication difficulties, however, the impact of stress can be magnified and could further hinder their ability to communicate effectively during proceedings.

What is stress?

Stress is how we react to something that is currently happening, it often makes us feel ‘under pressure’ and usually occurs when we feel we cannot control a situation. It can lead someone to feel anxious, irritable, confused or overwhelmed.

Stress can manifest itself through physical symptoms such as muscle tightness, rapid breathing, a flushed face and an increased heart rate. But it can also affect mental health and someone’s ability to communicate, as they may have racing thoughts making it difficult to process information and stay focused.

How does stress affect communication?

When we experience heightened stress, there is likely to be a negative impact on our communication skills. Many people have a ‘rabbit in the headlight’ type experience which can lead to confusion. Someone who is stressed may become frustrated more easily and, when emotions are heightened, an individual may find it challenging to communicate, both in terms of expressing themselves and in terms of their understanding.

People respond to stress in different ways; some people may decide to disengage from communication when feeling high levels of stress. This can create a barrier between the individual and the help and support they may have otherwise benefitted from. In a legal setting, someone feeling stressed may stop engaging with their solicitor or may even not turn up to court. When feeling stressed, people may have a ‘fight’, ‘flight’, ‘freeze’ or ‘faun’ response (learn more about these presentations here) and it’s important to remember that everyone will respond to stress differently. Additionally, if someone is feeling stressed, they are more likely to miss information as their ability to concentrate will be affected. If someone has not taken in and retained information, they may struggle to communicate, as they may not have understood the key points of the discussion.

Managing stress in the courtroom

The courtroom is a stressful environment and therefore effective communication can be challenging to achieve. However, in this setting, clear communication is vital.  It is important that everyone has the opportunity to explain their side of the story and understand the position and evidence of others involved in the case.   

In the courtroom, there will be some stress-inducing factors which simply can’t be alleviated. However, it’s important to identify the things that are within the court’s control, which can be addressed.

There are a number of ways to try to reduce stress within the formal court environment:

  1. Introductions
    Introductions can go a long way to helping someone feel more at ease. A court user is often met with lots of new faces on their first day at a trial or hearing. In many cases, they have never even met their barrister face-to-face before. It is helpful when a representative from each party (e.g., the prosecution barrister or counsel for the Local Authority) introduces themselves to the court user prior to the case commencing. This helps the individual to feel more comfortable and also helps their understanding once in court, as they know who is speaking on behalf of whom.

  2. Familiarisation visits
    A quick visit to the courtroom to have a look around, see where everyone will be sitting and get a general ‘feel’ for the room can really help an individual feel less stressed before their trial or hearing begins.

  3. Fidget objects
    Fidget objects are great tools to help someone stay focused and calm, even in times of stress. This could be anything from a tangle toy, stress ball or even a pen and paper to doodle with. An intermediary can provide an appropriate tool to aid emotional regulation and ability to attend to the proceedings.

  4. Book a conference room
    Courts are busy places, often it can be hard to find a quiet space to take a breather and gather thoughts. If a conference room can be booked within the court building, this can help reduce the stress of searching for a space to have a private discussion. It can additionally provide a place to rest before returning to the courtroom, the court user may want to do some puzzles or listen to music to ‘take a break’ from thinking about emotive topics. Additionally, it can be useful to have a room booked to avoid bumping into other parties in the case, which can significantly increase stress in certain cases.

  5. Practice in the witness box
    Giving evidence is often the part of proceedings which court users are most stressed about – and understandably so. They are expected to stand in court, in front of strangers, and answer questions for a significant period of time (days in some cases).

    A defendant in a criminal court must choose whether they wish to answer questions. If they are feeling immense stress, a flight or fight response may be triggered. The stress associated with giving evidence in court may lead someone to avoid giving evidence, despite the negative impact it could have for their case. Stress-minimising steps should be taken, where needed, to help court users feel able to make the appropriate decision for their case.

    Practicing in the witness box and answering neutral questions such as, “What did you have for breakfast?” can go a long way towards helping someone feel more at ease. This is also a great time to practice reading the oath and get used to the setting in which they will later give evidence. When it comes to the real deal, they will know where to stand, what the view of the court will look like and be ready to take the oath. These steps can mean the process doesn’t feel quite so unusual and daunting.

  6. Video-link or screens
    A video-link in court allows people to give evidence from a remote location. They will appear on-screen in the courtroom. A camera in the court will allow them to see the other parties. A video-link can help someone feel less stressed as they are somewhat shielded from the intense pressure of the courtroom.

    Some people also ask to use screens around the witness box to prevent them from having to see other parties whilst giving evidence. Stress can affect the quantity and quality of communication and therefore, making sure court users feel as comfortable as possible whilst giving evidence ensures they can give their best evidence – which is of benefit both to themselves and the court.

  7. Allow processing time  
    Lots of detailed information can be discussed in a short space of time in the courtroom, often using specialised vocabulary and complex grammar. It can be hard to keep up with the pace and maintain focus. It is important that court users have plenty of time to process legal discussions, evidence and questions put to them. They should be reminded that, if they don’t understand a question, it is not their fault, and they should ask for the barrister or judge to repeat the question in a different way. They should also be told that they can ask for a break if and when they require one, have water whenever they want and take time to consider their answer before responding. It is always helpful if those in the courtroom speak at a slower pace than usual to support one’s ability to digest the information being discussed.

  8. Regular breaks
    Taking breaks is important to allow an opportunity to emotionally reregulate and manage stress. Breaks allow a person to rest, which can support their attention and emotional state when they return to the courtroom. Breaks throughout the court day can support someone’s wellbeing and increase their ability to focus on the proceedings. They can also help court users to consolidate the evidence, as when someone takes a break, they are having a chance to review and discuss the information (with appropriate people), helping them to better retain the content of proceedings. It’s also the perfect time for legal representatives to answer any questions the court user may have had, which could not be answered within the courtroom.

  9. An intermediary
    Intermediaries can facilitate communication between court users and the court. Intermediaries will use their expertise in communication to explore an individual’s communication strengths and difficulties, then suggest ways to assist their communication during proceedings, if needed. It is important to note, however, that an intermediary will only be recommended or allocated in cases where the court user has an existing communication difficulty.

    If someone is feeling stressed, they are likely to struggle to concentrate, this may mean they miss key information. An intermediary will whisper to the court user during hearings to ensure they understand what is being said. An intermediary may also make simple notes for the individual and re-cap the key evidence in breaks with the court user and their legal team.

    Just the presence of an intermediary can help the court user feel less stressed, as they have someone to sit next to them in court and answer questions they may have throughout the day. An intermediary will monitor their stress levels and call for breaks (when necessary) and provide recommendations to the court about how to best assist.

  10. Listen
    Talk to the court user. They may have their own strategies which they use in day-to-day life which help them manage stress. Everyone has their own ways of coping, and it may be that the court user already has some good tools they use to help them de-stress. Have an open conversation about what would be beneficial and see if they have any ideas of their own.

Stress has a big impact on communication. Communication difficulties with understanding and/or expressing oneself can have serious implications during court proceedings. Mitigating the impact of stress, where possible, is an important step towards improving understanding and assisting court users to participate in their trial or hearing effectively.

  • Get involved with Stress Awareness Week using the hashtag #StressAwarenessWeek from 7th-13th November 2022.
  • Learn more about coping with stress from Rethink Mental Illness

Article Image by Ben White on Unsplash