Following the successful appeal of a decision to deny intermediary assistance to a mother in care proceedings, the full Court of Appeal judgment in Re M (A Child: Intermediaries) [2025] EWCA Civ 440 has been published.

We are very, very pleased that the mother in this case will now receive the intermediary assistance our assessor and a psychologist found to be necessary to ensure her effective participation in complex proceedings.

The Court of Appeal decision removes the additional tests advised in recent Family Court judgments and guidance. This includes tests of “rarity” or “exceptionality”, and tests relating to “compelling reasons” or a “spectrum of vulnerability”.

Instead, only the pre-existing “test of necessity” set out in the Family Procedure Rules (Part 3A) should continue to be applied when considering intermediary applications.

We are reviewing this important judgment carefully, as there are many points of learning and reflection for us to consider.

Our mission, as always, is to ensure that Court users with communication needs receive the assistance necessary to ensure they can meaningfully participate in cases which could shape the course of their lives. In light of this change in practice, we will be exploring how we can best assist the Courts “to achieve fairness for vulnerable individuals, in particular by ensuring that all participants are on an equal footing in the light of the importance and complexity of the issues” (paragraph 12, RE: M).

We will provide a more detailed response to the judgment in this case over the coming weeks.