This week is Deaf Awareness Week and the theme for 2023 is “Access to Communication”. To mark the event, we’ve shared some information, tips and resources below, to help ensure access to communication in court for people with hearing loss.
Hearing loss is very common, particularly among older age groups. In the UK, it is estimated that 1 in 6 people have some form of hearing loss (that’s around 12 million people across the country). The Royal National Institute for Deaf People (RNID) estimates that “in the UK, more than 40% of people over 50 years old have hearing loss, rising to more than 70% of people over the age of 70”.
As hearing loss is so common, it’s essential that knowledge is shared to improve understanding of the condition and strategies communication partners can use to help others achieve Access to Communication.
Intermediaries and hearing loss
At Communicourt, we rarely work with profoundly d/Deaf court users who use sign language to communicate. These individuals may require a sign language interpreter and/or lip reader and, with this support in place, may not require an intermediary. When a d/Deaf court user also requires intermediary assistance, this is often provided by specialist d/Deaf intermediaries (like Chantelle De La Croix and Chris Bojas).
Communicourt intermediaries do, however, frequently work with service users who have different degrees of hearing loss.
Hearing loss is a term used when sound signals do not reach the brain. There are many different types of hearing loss and different degrees of severity:
Mild hearing loss – The individual may have difficulty hearing speech clearly in a busy environment. They may struggle to hear quiet speech, especially soft sounds like “s” and “f”.
Moderate hearing loss – The individual may struggle to hear speech at a normal volume and may require amplification (using devices such as a hearing loop).
Severe hearing loss – The individual will not be able to hear normal speech and may only be able to hear loud sounds.
Profound hearing loss – The individual will not be able to hear any speech and may only hear some loud sounds.
Hearing loss at court
The courtroom can be an especially challenging hearing environment, even for people who do not have a hearing impairment. Rustling papers, multiple people talking at once, large rooms, technical difficulties playing video evidence, sitting in the dock behind a glass window – all of these factors and more can make it particularly difficult to hear clearly at court.
For court users with hearing loss, these factors can make hearing proceedings even harder, adversely impacting their ability to follow legal argument and evidence.
Hearing aids and hearing loops are two devices which can amplify sound in the courtroom. Hearing loops can be used separately from or in conjunction with hearing aids at court. The court user can be provided with a hearing loop headphone set or can wear a device around their neck which broadcasts sound from the courtroom hearing loop to their hearing aid (when these are set to the ‘T’ function).
However, it’s important to remember that court hearing loops can be affected by feedback and background noise, so may not ensure clear hearing at all times. You can read more about hearing loops in this Communicourt blog (which includes a judge’s experience of using a hearing loop).
Strategies to support hearing difficulties at court
The strategies required to support an individual with mild or moderate hearing loss will vary from person to person and may be affected by any other communication needs they have. The following general tips may be of assistance in the courtroom and in private legal meetings:
Learn more about the person’s hearing. Is their hearing different in different environments? How has their hearing loss previously impacted them in legal proceedings? What assists their hearing? Have they used a hearing loop before? What was their experience of this?
Adapt the communication environment. The court user is likely to hear speech sounds best in a quiet setting, without background noise. A busy courtroom with loud typing and paper shuffling may be particularly challenging. Adjustments (like seating them closer to the judge and barristers) or repetition of key points may be required.
Minimise background noise as much as possible. This might include turning off fans or buzzing equipment in the room, closing windows, or choosing a meeting room on the ‘quiet side’ of the building.
Face the individual and ensure you have their full attention before speaking, so that they can see your mouth clearly. Visual cues like lip-shape can help support communication.
Make sure everyone can see each other, round tables are best for meetings. Make sure there is nothing on the table obstructing your view of each other. Ensure there is good lighting in the room so everyone can be seen clearly.
Speak clearly at normal speed, don’t slow down your speech as this distorts your lip patterns, making it harder to use visual cues to support hearing.
Ensure just one person speaks at a time. It can be much more challenging to hear clearly when multiple people are speaking.
Use writing (if your client has effective literacy), on paper, on a laptop screen or via text, to communicate information which the individual is struggling to hear.
Repeat yourself when necessary, be patient, don’t say “it doesn’t matter”.
If the court user is using a hearing loop in the courtroom:
Avoid hybrid hearings, if possible. These can cause feedback.
Use a flashcard or agreed signal to allow the individual to indicate when they are unable to hear. The clarity of the hearing loop may fluctuate.
Be alert to issues with interpreters and intermediaries. When wearing a hearing loop, the court user may not be able to hear their interpreter or intermediary clearly and alternative arrangements may need to be made. For example, permitting the court user to connect to the hearing remotely from a private room. This will allow the intermediary or interpreter to provide summaries or translations at a loud volume (without disturbing the court).
The Advocate’s Gateway – Planning to question someone who is deaf – this resource includes information relevant to court users who are d/Deaf but also features some useful information for advocates working with court users who have a hearing loss.
SignHealth is a deaf charity run by deaf people (Text: 07800 003421, Email: da@signhealth.org.uk). You can access support via referral forms on their website. They offer:
Counselling – psychological therapy service for Deaf adults delivered in British Sign Language (BSL). All of their trained therapists are either Deaf or fluent BSL users.
Domestic violence support including referrals for Deaf IDVAS (Independent Domestic Violence advocates)
Probation “Deaf link” project supports deaf people on probation
Have you ever wondered what a ‘typical’ working week looks like for an intermediary? To give you a glimpse into the intermediary world, Laura has shared her experience of a final hearing at Newcastle Family Court, where she assisted a service user named Mandy*.
*Names, locations, case details and other identifying information have been changed
A bit of background…
I first met Mandy before her final hearing, in fact, I was the assessor who met with Mandy and recommended that she was assisted by an intermediary throughout her case. The assessment was carried out with the assistance of an interpreter, as English wasn’t Mandy’s first language.
The assessment
During her intermediary assessment, I noted Mandy had difficulty in a number of communication domains, which would likely affect her engagement and participation in court proceedings. For example, she had difficulties with concentration, she often digressed at length from the topic of conversation to discuss unrelated topics, and she did not always recognise when she needed a break. I also observed her to have literacy difficulties, limited understanding of court vocabulary and limited understanding of less commonly used words in general.
The assessment took three hours. Working with an interpreter always requires more time, as more communication is required to share information. In addition, Mandy often moved away from the topic at hand, to discuss unrelated matters at length. She required support to refocus upon the current subject. These two factors meant that the assessment tasks were not all completed within our three-hour meeting. For this reason, I carried out the remaining assessment task at court (just prior to the Case Management Hearing).
Preliminary hearings
I assisted Mandy at a Case Management Hearing and then returned for the Issues Resolutions Hearing, where I was able to assist the court during a short Ground Rules Hearing. This step is to ensure that measures are put into place and agreed to ensure Mandy has a fair trial.
Thanks to our regular encounters, Mandy became comfortable around me, and we were able to build a good rapport in advance of the Final Hearing. I was pleased I was assigned to assist her during her Final Hearing as I already knew her case and understood her communication needs well.
The final hearing
The final hearing started off as normal. I was required to attend court at 9am. Luckily, it was only a short train trip for me as I am already based in the local area. This was a case where the Local Authority was seeking a care order for the children (foster care)*. The guardian agreed with the Local Authority’s proposals. Mandy opposed the social worker’s plans and wanted her children back in her care.
On the first day, we listened to the current social worker give evidence. On the second day, we heard from the social worker who completed Mandy’s parenting assessment.
Whilst in court and conferences, I worked with Mandy to ensure she understood the evidence. She had difficulty understanding legal terminology, following lengthy legal discussions and understanding written information. I used strategies including visual aids, simplifying information, repeating key points and asking her to repeat what she understood in her own words (to check her understanding). These strategies were helpful in this case. After discussion with the court, I also asked the interpreter not to directly translate everything that was being said as this would overload and confuse Mandy. Instead, I provided simple explanations throughout, which were then interpreted to Mandy.
Evidence from the professionals began to paint a picture which suggested that Mandy should have been provided with additional support to learn parenting skills (as recommended in the parenting assessment), which had not been provided. This appeared to be the theme of the case and it was becoming a concern for both Mandy’s barrister and the guardian.
Unfortunately, the next day was adjourned due to one of the social workers having health issues*. I went back home on this day and used it as an admin day (which included updating case notes and replying to emails). I also worked on one of my targets. This target was on researching the effects of strokes upon communication, specifically dysarthria (slurred or unclear speech), and creating an information sheet that included some strategies intermediaries can use when working with individuals who are affected by this condition.
A change in direction
After listening to more witnesses from the Local Authority, the guardian asked the Local Authority to reconsider their position. This meant that, if the Local Authority took the guardian’s suggestion, they would have to do a new parenting assessment with Mandy, providing her with the right support and education as part of that process. Proceedings would be adjourned until this work had been undertaken.
The next day, the Local Authority decided that Mandy should be re-assessed and they were no longer asking for a care order. Court was then adjourned to allow the Local Authority to make enquiries about how the assessment would be carried out.
After the hearing
That afternoon, I spent time with Mandy, her barrister, and the interpreter. Due to her learning difficulties and language barrier, I decided it would be a good idea to construct a visual aid to help her during contact sessions.
I created a document with pictures of healthy food, a parent hugging their child, game boards etc. The purpose of this was to give a printed version to Mandy to look at before contact sessions, to remind her of what to do and what to bring. Through working with the interpreter, we were able to come up with simple words we could put below each picture in Mandy’s first language, so Mandy had some extra context. Mandy was really happy with this resource and was able to clearly explain what to do at contact, when her understanding was checked.
On the final day, we came back to court for a short hearing which confirmed the local authority plans for Mandy’s re-assessment.
Final thoughts
As an intermediary, there’s no such thing as ‘typical’ day or week. Sometimes we may work with service users we have previously assisted and other times we meet new ones. Everyone we work with has differing communication strengths and needs. As intermediaries, it’s important to recognise this and think of ways to improve their participation and communication.
In my case, I enjoyed working with Mandy at different stages – from the assessment stage to the Issues Resolution Hearings, down to the Final Hearing. I managed to build a good rapport with her, which helped her to become more comfortable around me, engage well with my strategies and allowed me to recognise how to better assist her.
I was also able to implement effective strategies to work with the interpreter, without overloading Mandy. Approaches like discussing the boundaries of our overlapping roles (at the outset of proceedings) and the importance of verbatim translation of intermediary simplifications, helped to ensure Mandy’s needs were being met throughout.
We’re delighted to announce that we are one of the main sponsors of the Northern Law Awards 2023. We’ve also chosen to sponsor the “Family Law Team of the Year” category, which celebrates the incredible work of family law teams across the North of England.
Our intermediaries work with family solicitors who represent people with communication difficulties every day. So, we see first-hand the long hours, the commitment, the empathy and the tireless advocacy of family law practitioners, even (and sometimes especially) when faced with extremely challenging cases.
We know that so many family law professionals go far further than the extra mile for their clients, and we see the positive impact of their hard work. For these reasons, we’re really excited to be sponsoring this category which recognises outstanding family law teams in the North of England.
Nominees in the category were required to demonstrate some of the following qualities or achievements:
Legal expertise
Appreciation by clients
Client service excellence
Project management skills
Team working
The finalists for Family Law Team of the Year have now been announced as:
Autism Acceptance Week provides an opportunity to celebrate the unique strengths and abilities of autistic individuals whilst also considering the barriers autistic people may face – and the importance of addressing these barriers to promote equality.
Autism is a lifelong form of neurodiversity that can affect how people communicate and relate to the world around them. There are currently around 700,000 autistic people in the UK. Whilst some autistic people may share some common characteristics, autism is an incredibly varied form of neurodiversity. This means that every autistic individual has a unique mixture of strengths, skills and differences.
“When you’ve met one person with autism, you’ve met one person with autism”
– Dr Stephen Shore
Neurodiversity is the idea that there is a natural variation in human neurocognitive functioning and that this diversity should be recognised, accommodated and celebrated, rather than stereotyped or stigmatised.
Many autistic people face misconceptions about their abilities and differences. Many also face barriers to participation in important areas of life, from the workplace and healthcare settings to educational spaces, legal proceedings and social groups. It is important for these barriers to be removed and for neurotypical people to understand autism and the possible adjustments that may assist neurodiverse people to ensure there is equal access in these spheres.
Just like neurotypical people, autistic people have all sorts of diverse strengths and special skills. However, there are some strengths which are more commonly reported by autistic people.
One of the most oft-reported strengths is the ability to focus intensely on a particular topic or interest. Many autistic individuals have a special interest that they are deeply passionate about, which can lead to exceptional knowledge and/or skill. This intense focus and attention to detail can be a valuable asset. Additionally, many individuals with autism have very strong memory skills.
Some autistic individuals are very honest, direct and straightforward. While this can sometimes be misperceived as insensitive, it can also be refreshing in a world where people often hide their true thoughts and feelings. This directness can be a strength in court hearings and trials, especially during evidence giving.
Autistic people often value consistency and routine and therefore they may be extremely reliable. This can mean that autistic people with these strengths often follow through with their promises, show up on time and complete tasks thoroughly whilst meeting deadlines. Autistic people often thrive on predictability which can be a driving force in being honest and reliable. While reliability is a significant strength, it is important to recognise that not all individuals with autism possess this strength to the same degree and each individual with autism (or without autism) is unique.
Strength-based approaches to autism are increasing in research and practice. Such approaches are thought to improve well-being and mental health in autism. Additionally, a 2023 study by Taylor et al. found that autistic and non-autistic people reported similar strengths but autistic participants reported less external awareness and utilisation of their strengths compared to non-autistic people. The paper highlights the importance of autistic people understanding their own strengths and having the opportunity to utilise these abilities. The top ten strengths reported by autistic participants in the study were:
There are also some barriers autistic individuals may face, often related to communication. They may require adjustments and adaptations to process and understand language (including non-literal language), express themselves, understand non-verbal communication and engage in neurotypical social routines. Further, some autistic people may have differences around receptive language, meaning they may not always comprehend what is being said to them. Some autistic individuals may have a delay in their ability to understand language and they might find it hard to process multiple sources of information at the same time, making it difficult for them to understand conversations in a noisy or stressful environment. It is important adaptations and adjustments are considered to ensure that effective communication takes place.
33% of the general population experience sensory challenges and this can also be a significant aspect of autism. It is important to note that everyone has different sensory preferences, some autistic people may have heightened or reduced sensitivity to certain stimuli such as light, sound, touch or smell. For example, someone with a heightened sensitivity to sound might find it difficult to concentrate or communicate in an environment where there are lots of different noises. What may trigger sensory overload for one person, may not be bothersome for another, also sensory preferences may change.
It is important to understand someone’s sensory preferences and then adapt environments to accommodate these sensitivities by taking measures such as, reducing noise levels, adjusting lighting, providing sensory stimulation (e.g., fidget objects) to help create a sensory-friendly environment for autistic people. To find out more about different sensitivities check out the Autism Speaks website.
At Communicourt, we often work with autistic individuals in the court system. We see first-hand the difficulties faced by autistic people who are navigating the often overwhelming and confusing legal landscape. Court hearings and trials can be especially stressful with complex legal procedures, shifting timescales, unfamiliar processes and an environment that may prove challenging for some autistic people. These factors can lead to overwhelm, misunderstanding and miscommunication, which can have serious consequences.
In addition, the court environment can heighten some common autistic characteristics. Meltdowns or shutdowns may result from highly stimulating environments (such as a court environment) or situations which result in high anxiety levels.
When an autistic person is having a meltdown, they often feel extremely anxious and distressed, which may be misinterpreted as frustration, non-compliance, or anger. It is important to understand when a meltdown is happening and to support an autistic person through this process. Meltdowns can be very emotionally draining and physically tiring and, therefore, someone who has experienced this may need to take a break before they can continue processing information.
Shutdowns can also occur in overwhelming situations. During a shutdown, a person may partially or completely withdraw. If an autistic person is experiencing a shutdown, they will likely be unable to take in any more information and they may not respond to communication anymore. A break may be necessary, so the individual has time to withdraw and recover.
We work to ensure that autistic people have their needs accommodated and voices heard. Our goal is to ensure all of our service users receive bespoke support to enable effective participation in legal proceedings. It is important to focus on the individual and their unique experiences, strengths, differences, preferences and boundaries. This might include recommending alternative forms of communication or suggesting adaptations that can help autistic people feel more comfortable and confident in the courtroom. For example, considering the sights, sounds and environment. Visual aids such as pictures, timelines or written words may also help some autistic people understand verbal information and communicate more effectively.
Happy Autism Acceptance Week!
During Autism Acceptance Week, it is essential to celebrate and raise awareness of autism. Let’s continue to break down barriers and create a more inclusive society for all. Autism affects each person differently; we should approach each autistic person with an open mind and recognise their unique strengths and challenges. Roy T. Bennett wrote in his book The Light in the Heart, “We are all different. Don’t judge, understand instead”.
If you are a legal professional looking to improve your practice when assisting autistic clients, download our free guide to autism at court from The Access Brief.
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.
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.
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.
Take care of your physical health by eating well, getting enough sleep and exercising regularly.
Connect with others, this could be through face-to-face conversations, phone calls or virtual chats.
Practice mindfulness and relaxation techniques such as meditation or yoga. There are some great options online including Yoga with Adriene and the Calm app.
Set realistic goals and work towards achieving them.
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:
Be direct and honest. Let your friend know that you’re there for them and that you are worried about their well-being.
Actively listen. Give your friend the space to share their thoughts and feelings, without judgement.
Validate their feelings. Let them know that it’s okay to feel the way they do and remind them that they are not alone.
Offer support. Let your friend know that there are people and resources available to help them (see resource list below).
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).
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…
Build rapport and create a safe and comfortable environment to enable effective communication.
Allow time for clear communication and actively encourage court users to express themselves.
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).
Ensure court users understand the legal proceedings and the court process.
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 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.
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.
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 proceedingsin 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.
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.
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.
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.
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.
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.
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.
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