A close up of hands. Two people are using visual aids on a desk. One is handing a card which says "It's going too fast" to the other.


Intermediaries can assist unrepresented parties in a range of different proceedings, including Family Cases and Employment Tribunals.

When working with an unrepresented party, intermediaries can offer many forms of assistance, such as providing recommendations to support participation (e.g., at a Ground Rules Hearing), monitoring understanding and participation in the courtroom (and requesting adaptations where needed), and providing assistance when the individual gives evidence.

Limitations to the intermediary role

While an intermediary can provide many types of assistance when working with an unrepresented person, it is very important to be aware of the additional boundaries and considerations affecting the intermediary role in cases where the individual does not have legal representation.

Most crucially, without a legal representative present, it is not appropriate for an intermediary to work one-to-one with an individual without a legal practitioner (such as the Judge in the case) present.

This is because a legal practitioner must monitor any explanations, simplifications or recaps provided. An intermediary is a communication specialist, not a legal expert. Therefore, commonly used intermediary strategies such as comprehension checking and repair, simple explanations, use of visual aids, recaps of key information and provision of resources such as an easy-read ‘court diary’ must be overseen by a legal practitioner (and should not be undertaken without this oversight).

Intermediary assessments

In cases involving a person who is unrepresented, the referral and booking process takes place as usual (although the individual may be referred to us by the court or a Local Authority etc.).

Following an intermediary assessment, we will make a recommendation regarding whether an intermediary will help ensure that person’s effective participation.

In some cases, the assessor may conclude that they do not require an intermediary to participate effectively, or that they are unlikely to be able to effectively participate, even with intermediary assistance. Even when an intermediary is not recommended, Communicourt reports typically provide a detailed record of the individual’s communication profile, and wider recommendations to support their participation, including any special measures they may need.

Before the assessment, it may be helpful to provide the individual with information about the intermediary role and assessment process prior to their appointment. This ‘What is an intermediary assessment’ explainer may assist.

Intermediary support during proceedings

In cases where an intermediary is recommended following assessment, an intermediary can then be booked to attend hearings (subject to approval by the decision marker(s) in the case).

Make a referral

Make a referral using our online portal or call us on 0121 663 0931 to discuss options for an unrepresented person with suspected communication needs.

To learn more about the intermediary role, visit The Access Brief – a bank of free bite-sized guides developed for legal professionals by intermediaries.

Here you will find information about the intermediary role in Ground Rules Hearings, the purpose of ‘questions in advance’, and specific guidance on working with court users who have conditions which can impact communication.

Testimonials


‘May I say, once again, what a fantastic service you provide. The intermediary you sent today was absolutely fantastic, efficient, informative and very helpful. We look forward to working with you again’

EVONNE BIRCH-JACKSON

Can I take this opportunity to thank you so, so much for your assistance with this enquiry. Your expertise and experience were invaluable and it was a pleasure to work with you

DC SARAH MANTON