N (A Child), Re

N (A Child), Re

The court has discretion to grant a McKenzie friend a right of audience for good reason, not only in exceptional circumstances, and must consider all the circumstances, including the nature of the proceedings, the relationship between the litigant and the McKenzie friend, and the impact on justice. In this case, the mother demonstrated good reason for Mr Holden to be granted a right of audience due to the complexity and emotional nature of the proceedings, her lack of means, and the potential prejudice to the child if an adjournment were required. The judgment should remain anonymised to protect the child's welfare, which outweighs any detriment to public discussion.

Parties
Applicant/respondent (father): A; Respondent/applicant (mother): G; Child (by Guardian): N
Jurisdiction
England and Wales
Judgment Date
20 August 2008
Procedural Posture
Family Law Children Act Proceedings / Interlocutory Application Regarding Mc Kenzie Friend's Right of Audience; Judgment on Procedural Point
Outcome
Application granted (for limited purpose); judgment anonymised; no order as to costs.
Legal Topics
Mc Kenzie Friends, Rights of Audience, Children Act 1989, Open Justice, Anonymisation
Family Law Civil Procedure Mc Kenzie Friends Rights of Audience Children Act 1989 Open Justice Anonymisation

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Parties

A

Applicant/respondent (father)

G

Respondent/applicant (mother)

N

Child (by Guardian)

Procedural Posture

Family Law Children Act Proceedings / Interlocutory Application Regarding Mc Kenzie Friend's Right of Audience; Judgment on Procedural Point

Legal Issues

  1. 1 Whether a McKenzie friend (Mr Holden) should be granted a right of audience to represent the mother in Children Act proceedings
  2. 2 Whether the circumstances justified granting such a right under section 27(2)(c) of the Courts and Legal Services Act 1990
  3. 3 Whether the judgment should be anonymised

Ratio Decidendi

The court has discretion to grant a McKenzie friend a right of audience for good reason, not only in exceptional circumstances, and must consider all the circumstances, including the nature of the proceedings, the relationship between the litigant and the McKenzie friend, and the impact on justice. In this case, the mother demonstrated good reason for Mr Holden to be granted a right of audience due to the complexity and emotional nature of the proceedings, her lack of means, and the potential prejudice to the child if an adjournment were required. The judgment should remain anonymised to protect the child's welfare, which outweighs any detriment to public discussion.

Court Disposition

Application granted (for limited purpose); judgment anonymised; no order as to costs.

Orders

  • Mr Holden granted a right of audience for the specific issue raised on 24 July 2008.
  • Judgment to be handed down in public but anonymised; no lifting of statutory anonymity under section 97(2) Children Act 1989.