X & Y (Intermediary: Practice and Procedure), Re

X & Y (Intermediary: Practice and Procedure), Re

The application for an intermediary assessment was not supported by sufficient evidence of necessity. The correct procedure was not followed, and there was no clear evidential basis demonstrating that the Mother could not participate fairly without an intermediary. The application was therefore adjourned to allow for further evidence to be provided if necessary.

Parties
Applicant: A Local Authority; 1st Respondent (mother): A; 2nd Respondent (father): B; 3rd and 4th Respondents (children): X and Y (through their 16.4 Children’s Guardian)
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Care Proceedings (family) / Interlocutory Application for Intermediary Assessment; Application Adjourned
Outcome
Application for intermediary assessment adjourned generally; to be restored if evidential base established.
Legal Topics
Use of Intermediaries, Vulnerable Parties, Participation Directions, Fair Trial Rights, Procedural Fairness
Family Law Child Protection Civil Procedure Use of Intermediaries Vulnerable Parties Participation Directions Fair Trial Rights Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A Local Authority

Applicant

A

1st Respondent (mother)

B

2nd Respondent (father)

X and Y (through their 16.4 Children’s Guardian)

3rd and 4th Respondents (children)

Procedural Posture

Care Proceedings (family) / Interlocutory Application for Intermediary Assessment; Application Adjourned

Legal Issues

  1. 1 When is it necessary to appoint an intermediary for a party in family proceedings?
  2. 2 What is the correct procedure for applying for an intermediary assessment?
  3. 3 What evidential threshold must be met for an intermediary to be appointed?

Ratio Decidendi

The application for an intermediary assessment was not supported by sufficient evidence of necessity. The correct procedure was not followed, and there was no clear evidential basis demonstrating that the Mother could not participate fairly without an intermediary. The application was therefore adjourned to allow for further evidence to be provided if necessary.

Court Disposition

Application for intermediary assessment adjourned generally; to be restored if evidential base established.

Orders

  • Mother to file ADHD diagnosis she claims to have received.
  • Issue of intermediary to be kept under review pending further evidence.