What inspired me to become an intermediary – Tracy’s story

I think it’s probably fair to say that I did not follow the most direct path to becoming an intermediary. 

It started off smoothly enough, leaving school at 18 and going on to study accountancy at university. How I ended up with a degree in social sciences is another story.  

While I was at university, I started to do some voluntary work and it slowly dawned on me that I would like a job that involved people rather than numbers. 

I was a member of a group that would collect patients from the local hospital for the ‘mentally handicapped’, as it was known at the time. We would take people out into the community to go to the pub or the cinema, and away on holiday. They absolutely loved it. 

It is shocking to think, and I don’t think the implications struck me as much at the time, for some of these people our outings were the only time they left the hospital. Some of the older patients had been born in the hospital to unmarried mothers and would probably not have met the criteria for an intellectual disability. This was the late 1980’s not the 1890’s! 

Changing my path 

After leaving university, I felt that I would like to become a social worker and decided to get some work experience before embarking on the professional qualification. I started work in a children’s home, which specialised in placements for children with challenging behaviours. Many of these children had been through numerous previous placements since they were removed from their families, and the resulting trauma should not be underestimated. In spite of the often extreme level of abuse that they had experienced within the family home, many still felt a strong attachment to their birth families.  

Sitting in family court now, in my role as an intermediary, I sometimes feel the trauma experienced by a child when they are removed from their families is minimised. Even when that move is clearly in the child’s best interests.  

So many of the people I have worked with in family court were themselves “looked after children”. Sometimes they haven’t had enough modelling of parenting skills themselves, it is therefore not surprising that they may not have the skills to be considered “good enough parents” to their own children. For all of us, the circumstances in which we grow up are “normal”. We have to be exposed to other ways of parenting in order to question how we should raise our own children, and many of the people I support in court have limited life experiences and knowledge of the world. 

After a couple of years, I was accepted onto a social work course, but before I could start, I found out that I was expecting my first child. I deferred my place for a year and then another year for baby number two and then again for number three! By this time, I wasn’t sure that I would be equipped to make the very difficult decisions that social workers are faced with making every day at work, so I had baby number four instead. 

I spent the next years at home with my children. I gained organisational skills that have served me well since I have begun working at Communicourt. All those years of dealing with the logistics of collecting four children from four different clubs or activities in different places, at more or less the same time. Some evenings, it felt akin to a military operation. It certainly makes getting to a court or an assessment on time in an unknown location seem relatively straightforward. 

Returning to adult social care

When my children were a little older, I returned to working with people with an intellectual disability as a support worker. I worked with people with varying levels of disability, some with a more moderate or profound learning disability who required round the clock support with all aspects of their daily lives. Others had a mild level of disability but with challenging behaviours or concomitant mental health conditions, such as schizophrenia or Autism Spectrum Condition (ASC). They required intense levels of supervision in order to safely engage with activities in the local community. 

It was particularly with these clients that I developed skills in modifying the way I speak to enable meaningful communication to take place. These skills have been so vital in my role as an intermediary, such as using simple language, keeping the pace slow, using visual aids and checking that they have understood by asking them to repeat what has been said in their own words.  

As a support worker, you are expected to teach clients new skills in order to maximise their independence. I became aware of just how much ‘overlearning’ is required before these skills become embedded. In family court, I often hear the charge levelled at the people we support that they have not made sufficient change, even when from their point of view, they have complied with everything they have been asked to do. They may lack the cognitive skills required to make and sustain the required changes – certainly, it would be very difficult for them to do this within the child’s timescales. At the same time, I recognise that the local authority try very hard to meet the needs of the parents and use modified parenting assessments, such as the PAMS assessment and adapted parenting programmes. 

Some of the parents I have worked with find it very difficult to talk about what is in the child’s best interests, and instead talk about what they would like to happen from their own perspective. A parent with a mild learning disability or low IQ is likely to lack the metacognitive skills to look at the situation objectively, and to put themselves in the child’s position. It is a highly emotive situation and would be difficult for any parent when faced with their child possibly becoming the subject of a placement order. This difficulty is compounded when the parent has only basic functional language skills and lacks the higher level metalinguistic skills required to provide explanations and express their thoughts articulately. 

The day our lives changed

I think my route to becoming an intermediary really began one morning, when as a family we experienced a massive shock. My healthy 13-year-old daughter had a major stroke one morning, completely out of the blue and with no warning signs. The next few months passed in a blur of hospitals, first in St Mary’s in London – the nearest paediatric intensive care bed they could find – and then at Birmingham Children’s Hospital for rehabilitation. 

When she first came out of a coma, the stroke had left her with severe right-sided weakness and the inability to walk, talk or swallow. She was tube fed for many months before pureed food could be introduced. 

My biggest concern soon became her inability to speak. I introduced an alphabet board, which she was able to use successfully. Luckily her language skills had been left intact. However, although we used this with her as a family in order to give her a voice, the nursing staff were very reluctant to use it, possibly due to lack of time – it was very time-consuming – and this led to even her basic physical needs frequently being overlooked. 

Once she was discharged from hospital, she was seen by a community multi-disciplinary team, including an excellent speech and language therapist. With her support, my daughter was gradually able to recover some of her speech (and her ability to eat a range of foods). 

Her speech is now intelligible to a familiar listener. However, she has dysarthria which affects some speech sounds and a neurogenic stammer, rendering her speech slow and effortful. Although her speech is not the only area to be affected long-term by the stroke – she has difficulties with short-term memory and executive dysfunction, as well as walking with a limp – it is her speech which has the single biggest negative impact on her life. As soon as she speaks, people make judgements about her, she is discriminated against in job interviews and people frequently put the phone down on her, when she attempts to make a phone call. 

Moving to speech and language therapy

I was inspired by my daughter’s experiences, and by the positive impact speech and language therapy had for her, to return to university to study for a degree in Speech and Language Therapy. 

On graduation, I found a post as a speech and language therapist in a special educational needs school, which was an excellent first role. It allowed me to put into practice what I had learned about assessing an individual’s communicative ability, identifying their difficulties and deciding on a course of therapy.  

I quickly realised that I was not going to effect massive change due to the pupils’ complex needs, and I changed my focus to looking at improving their functional language skills and pinpointing what would be most useful to them as they approached school-leaving age and the prospect of college or employment and independent living. 

Although I enjoyed this role, I began to miss working with adults and started to look for a new post. Communicourt piqued my interest, as it seemed that I could bring to the intermediary role the skills I had acquired throughout my working life, both as a speech and language therapist and as a support worker with adults with intellectual disabilities. 

I really love working as an intermediary. The work is varied and interesting, and whilst I am working with someone, I feel like I am making a positive difference for the short time I am involved in their lives, in helping them to understand the court proceedings and to tell their story in the best possible way. I appreciate the support I get from the organisation and from my colleagues. It’s a lovely environment to work in. 

Building confidence through experience and peer support

We asked our intermediaries to tell us about the most common challenges they face in their roles. Rebecca discusses how daunting the intermediary role can be, and how support from her colleagues helped her to build her confidence in court.

Before starting my job as an intermediary at Communicourt, I had only been to a crown court once to watch a trial. Even after going through a tough and thorough training programme, I remember being really nervous about attending my first day in court as an intermediary.

Even going through the security process felt quite overwhelming. I remember waiting anxiously in the courtroom for the judge to enter and I was worried about having to stand up and speak in front of everyone. I felt out of place compared to the barristers, they seemed so comfortable and familiar with their role and the court environment.

I was sat next to the vulnerable person I was supporting and explaining proceedings as they happened. They had to make a promise to the court to stop harassing their ex-partner and I remember how serious it was for them to understand this, and how important my role in this process was.

Communication specialists

Recently I went back to the same court I had visited on my first day of work, and it made me reflect and realise how far I have come over the past 10 months.

Our role as intermediaries is communication specialists, most of the team’s background is either in psychology or speech and language therapy. Therefore, before starting at Communicourt, I had a limited knowledge of the legal system and etiquette in court.

When I first started working as an intermediary, I felt nervous speaking in court in front of barristers and judges who had so much more experience than me. Now, I feel confident and comfortable speaking in the courtroom and explaining my role to court professionals and outsiders.

My confidence comes from much more than just gaining experience, it also comes from peer support. As an intermediary, you are working on your own, we are not office-based and are spread across the UK. I was worried this might feel isolating when I started, but we have really strong networks that have shown me how important peer support is.

Secure space

The cases we deal with can be upsetting and sometimes traumatic. Being able to discuss my experiences in court with my team is invaluable. They can offer advice, but importantly they create a secure space where I can process situations and discuss how I feel about them.

Communicourt currently has 59 intermediaries, and everyone is very supportive and helpful. When I joined, it was invaluable to speak to more experienced members of the team. By discussing difficult experiences in court with my colleagues, it helps me understand what they would do in the situation. Peer support helps me to think of more creative ways of working. Our role is very diverse and there are various tools and resources we can use to help someone with communication difficulties, to understand and participate in their legal proceedings.

I have always enjoyed meeting new people and this is a huge part of my role. Good people skills are so important for intermediaries, we need to be able to quickly develop a good rapport with the person we are working with to assist them in the best possible way in court. We use different techniques to build rapport, and learning what has worked well for the team helps me to develop my skills.

Every day is different

I love the fact that every single working day is different, and I need to use various knowledge and techniques. For example, we work with people who have a wide range of different diagnoses. As an intermediary, I need to understand these conditions so I can understand how they might affect someone’s communication skills. I am always developing my skills and knowledge to share within the team.

My role involves helping people with communication difficulties to engage with proceedings effectively and give their best evidence. I need to make sure they understand the questions they are being asked. It used to be quite daunting intervening in evidence when a question was too linguistically complex for someone I was supporting. However, the more experience I have gained helping people to give evidence and practising with colleagues, my confidence has grown.

One of the most terrifying experiences for a new intermediary is when they have to speak in front of the judge for the first time. Courtrooms are imposing places, and it is easy to feel intimidated by the formality. Intermediaries need to discuss the adaptations the person they are supporting might need with the judge and trial advocates. This can include asking for regular breaks, advising on the use of language or requesting evidence be given from a video suite.

As my experience in court continues, my knowledge of both family and criminal court increases making me feel more confident in my role. I enjoy learning new things and putting my new knowledge into practice. I assist people during one of the most difficult points in their lives and the importance of my role motivates me to do the best I possibly can for every person I work with. My confidence comes from ensuring the vulnerable person has a fair hearing and understands what is being said, therefore, I make recommendations and intervene when appropriate as it is needed for them to participate as best as possible during proceedings.

“Why didn’t your legal career pan out?”- understanding the role of an intermediary

We asked our intermediaries to tell us about the most common challenges they face in their roles. Shannon discusses how there is a lack of awareness about her role, and why she is so passionate about helping people to understand.

When I tell people I am an intermediary, I am often met with a blank stare. When I tell them I mainly work in the criminal and family courts, they assume that I am involved in mediating cases or I am a failed barrister.

Our role in the long history of the courts is relatively new. As a form of special measure for defendants in criminal court cases and respondents in family court cases, intermediaries only came into practice in 2007. We work with people who have communication difficulties to help them understand proceedings and give their best quality evidence.

Before I joined Communicourt, I didn’t know what an intermediary was. I have also found people working in the courts are not always fully aware of what we do either. But I see the difference we make every day, and that is why I am so keen to shout about our work.

Here are some of the common questions I get asked:

“Is an intermediary like a support worker?”

No, we are there to facilitate effective communication between the court and the vulnerable person we are supporting. Even though intermediaries are trained to handle emotional dysregulation, our role is to measure how this effects someone’s ability to give evidence or understand proceedings in court.

I tell the court how I can monitor this throughout proceedings, then arrangements and update the court accordingly.  For example, I might use anxiety scales to help a vulnerable person to rate how they are feeling from 1 to 10. Anything past 7, then I will ask for an emergency break so they can take some time and compose themselves.

If someone needs emotional support outside of proceedings, then arrangements for a support worker can be made.

“Where did you study law?”

‘Where did you study law?’ and ‘How come your legal career didn’t pan out?’ are just examples of questions I have been asked.

There is an assumption that because intermediaries are aware of court proceedings and court terminology, then we must have legal training. This is not the case, we are not legal professionals, we are communication specialists.

Intermediaries are specialised communication specialists who usually have a background in either speech and language therapy or psychology. We all go through specialised intermediary training, which teaches us the basics of the law and the criminal justice system.

“Can you tell me if my client has capacity or not?”

During my first hearing as an intermediary, I was asked if I believed someone lacked capacity to take part. They approached me as they knew I had a background in psychology, so assumed I was trained to know whether someone had capacity or not.

This is not true. We are communication specialists and, even though we have a background in that field, we are not experts in regard to capacity and are not ‘wearing that hat’ when we are working as an intermediary.

When we assess people, we solely focus on the specific communication difficulties they may have, and how this difficulty could be facilitated in court. Although we do discuss any learning disabilities/difficulties and mental health issues they may have, this is only to explore how their conditions effect their communication and what techniques could assist them. I do not explore in my assessment whether someone is unable to participate in court, but rather make recommendations which will help them. 

Why is it important to understand the intermediary role?

It is crucial for anyone working in the justice system to be aware of the practice and purpose of an intermediary, in order to access this service when working with a vulnerable person.

Criminal and family court rooms can be overwhelming, stressful and confusing for people with communication difficulties. We are there to facilitate best communication between the court and the defendant, and to make sure the defendant understands everything that is going on.

The vulnerable person is guided by their legal professionals during their time in court, so it is important that these professionals are giving them information about our role and how we can support them through their legal proceedings.

Our role is growing within the courts, intermediary provision is being reviewed as part of the government’s new National Disability Strategy. Improving access to justice, courts and legal support are key issues in the Strategy and this will help to develop a better understanding of what we do.

My time as an intermediary as given me an insight into how many vulnerable people find themselves in court proceedings. I enjoy implementing strategies which help people to understand and follow proceedings more thoroughly. I have had many great experiences where a vulnerable person has expressed their gratitude for my attendance.

All vulnerable people should have the opportunity to participate in the court process fairly, and in a way they can best understand. That is why intermediaries, and our roles, are so important.

New NCFE Customised Qualification

We are pleased to announce that our Intermediary Training programme has now been approved as a Customised Qualification by the awarding body NCFE.

Customised Qualifications are unregulated bespoke qualifications that are accredited by NCFE. The accreditation means the programme has been externally assessed and recognises the quality and rigour of the qualification.

This new qualification will be available for all trainee intermediaries and is awarded on successful completion of their competencies.

Communicourt Managing Director, William Scrimshire, said: “This is a really exciting step for us. We have been developing our training and competency framework over the last decade and we are proud that this has now been externally accredited by NCFE.

“We look forward to welcoming new trainees to our course and supporting them to become excellent intermediaries in the coming years”.

Are you emotionally resilient?

Communicourt runs regular CPD training for our intermediaries. One of our most recent programmes focused on emotional resilience. We asked three of the intermediaries who took part in the training to tell us about their experiences:

Where this started:

We have been finding different ways to keep our skills updated during the challenges of lockdown. Communicourt has been very proactive and a few weeks ago, we were invited to join some online emotional resilience training.

Emotional resilience is a term we have heard a lot during the Covid-19 pandemic. We thought it was about pushing your emotions to one side and powering on. We all consider ourselves quite strong people, we have all survived a very strange and very difficult 12 months. So, we went into this training thinking we were very already very resilient.

Our sessions were hosted by Cliff Hawkins, a consultant clinical psychologist, and the first thing we learned is that we didn’t really know what emotional resilience is. Emotional resilience is not just about how quickly you can bounce back from adversity, it is about how you can adapt to cope with stressful situations.

Stress and ‘The Goldilocks Principle’

Cliff introduced us to the concept of ‘The Goldilocks Principle’. This means that stress can be a result of too much or too little pressure. It surprised us to think that stress could result from too little pressure, however after further discussion this made more sense. Due to the nature of our job, many of us experience a fluctuating work routine. Whilst this keeps things dynamic and interesting, it can also lead to periods of pressure. On the flipside, if we have a few quieter days in our diaries it can feel like unproductivity.

Whilst our work is both rewarding and valuable, it can often come with the exposure to traumatic or stressful situations.

Developing Emotional Resilience:

So, how can developing emotional resilience address some of these issues? Cliff explained that there are many factors to consider when developing emotional resilience, including:

  • Knowing boundaries
  • Cultivating self-awareness
  • Seeking helpful connections
  • Practising acceptance
  • Practising mindfulness
  • Expecting not to have all the answers immediately
  • Allowing yourself to be imperfect
  • Allowing others to be imperfect
  • Practising self-care
  • Considering your possibilities and goals and taking realistic steps
  • Expressing yourself
  • Keeping things in perspective
  • Practising optimism
  • Noticing your warning signs
  • Nurturing a positive view of yourself
  • Trusting yourself

We discussed each of these in turn in our ‘breakout groups’. We explored each of these areas, picking out the ones we feel we do well and also considered the areas that needed some improvements. With the aim to reflect on our progress in the follow up session, Cliff asked the group to pick an area to improve on and identify realistic goals over the next two weeks.

We all agreed that having an awareness of emotional resilience is important, particularly in a job like ours, and we all chose individual aims to work towards.

Briony’s Goal: I decided to focus on practising self-care, since the varied working patterns and staying away sometimes makes me neglect my work-life balance. Over the weeks to follow, I decided to be mindful of the hours I work, ensuring I have time to ‘switch off’ during the evenings from the pressure of work or anything stressful I may be exposed to that day.

I wanted to implement a regular time to stop working in the evenings, and to practise self-care by doing more regular exercise or taking time to do activities which I find relaxing.

Emily’s Goal: The goal I chose after the emotional resilience training was to notice warning signs. I feel that sometimes I can push past the signs that I need a break, or I am not being as productive and try to carry on. This can lead to completing something that is not to the best of my ability.

With sometimes having days where I have less structure, it is easy for me to find myself not managing my time as effectively as I know I can. I would keep pushing myself to work despite needing a break, and then felt guilty when I did take a break.

So, I decided to set a time to complete work, but if I felt that I needed a break as I have been working for too long, I promised myself I would step away from my work. I would allow myself to take a break.

I would also review how I am meeting this goal and how much this has assisted with my productivity, quality of work and work/life balance.

Mollie’s Goal: I decided to work on allowing myself to be imperfect. It can be really challenging when we all have this desire to know everything about this job within a short period of time (which is almost impossible!).

Even with a fantastic training programme and the ongoing support from colleagues, it can be disheartening when we are struggling to find the right strategy to assist a client. It’s important for us to remember that not all strategies are going to work for every single person we work with.

So I decided that I was going to be more accepting, it is ok if I don’t have all the answers yet. Knowledge comes with time and I have a great support network around me, and years of experience that I can draw on.

Each of us were excited to see whether we would achieve our goals within the next two weeks. With the help of our positive and realistic steps, it certainly looked promising!

Two weeks later

When we met again for our second session with Cliff, we looked at what affects our ability to implement effective strategies to assist our emotional resilience? During the second session, Cliff explained that certain messages are instilled within us from a young age, which results in us acting in a way consistent with particular ‘drivers’. These drivers include the following:

  • Be strong – don’t show your feelings and don’t ask for, or even accept help.
  • Try hard – put in as much effort as possible, rather than focusing on the outcome.
  • Please others – doing what other people want you to do is what matters.
  • Be perfect – you have to do everything just right, even tiny details.
  • Hurry up – you’ve got to get everything done quickly, and cram lots into your time.

It isn’t surprising that these drivers can interfere with our ability to develop emotional resilience. For example, if you have a ‘be strong’ driver, you are less likely to seek helpful connections or express yourself.

In smaller groups, we reflected on what we thought our biggest ‘drivers’ were, and the progress we had made on our individual goals in the previous two weeks. We were really surprised to hear that all of the people in our smaller group had made good progress. It can be so hard to keep focused on changes you want to make when life is busy. We all agreed we had been more conscious of our goals and have been taking realistic steps to work towards these. For some people this was just doing more exercise, taking time out to enjoy a cup of tea in the garden, or even committing to having a relaxing bath once a week.

Cliff gave us the opportunity to explore our mindsets, which many of us have never done. We now have a better understanding of the drivers that may explain how we behave and the things that we give value to in our lives. We also learned that you can adjust the influence of these drivers by making small changes.

Small changes

This was perhaps the biggest point to take home for all of us. The changes can be small, and probably should be small to be sustainable. You don’t need to throw yourself into a new hobby or start a course in your spare time. During the first lockdown, there was a focus on what you could achieve when you take away all of life’s distractions. You had all this time now and you could write a novel, or learn Welsh, or become an artisan baker! It was pitched as an opportunity at a time when many people were struggling to see it that way. They were scared, isolated, and unsure of how we would get back to life as it was before.

What we should have been telling each other is sit and drink a cup of tea in the sun. Take some deep breaths in the garden and listen to the birds. Set aside a time for you to read a book or have a bath. Go for a walk. It is the small changes we can make in our lives to help develop our emotional resilience. It is about finding healthy ways to process our feelings, not push them aside or bottle them up. It is about taking time to look after yourself and regularly check in to see how you really feel, which is something we will be more mindful of in the future.

Sharing Covid-19 learning

Despite the disruption that Covid-19 has caused across the country, it has been vital for legal proceedings to continue. Like many essential services, Communicourt has adapted quickly and moved much of our work online to ensure the court system can continue to function fairly. We have pulled all of our learning together to share in a new report.

Never in recent history has the legal system been forced into such rapid change as now. Since March 2020 we have offered a remote intermediary service, mostly in family courts. Working remotely has been a challenge, but is a challenge which we have embraced. We are using new technologies and innovative working styles, and we have used our experience to advise on what does and doesn’t work well for vulnerable people with communication difficulties.

Read our report