APRIL 2025

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We are very proud that our Family Law specialist Dawn Berry has been involved in a significant Court of Appeal decision delivering legal guidance on the use of Intermediaries in family care proceedings.

In the case of M (A Child: Intermediaries), Re[2025] EWCA Civ 440, the Court of Appeal has handed down important guidance.
Tahmina Rahman from 1GC was instructed by us and appeared for the Maternal Grandmother supporting the appeal.

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Intermediaries in Family Law: What the new Judgment Means for Families

In family law proceedings, intermediaries play a crucial role in helping vulnerable individuals—such as parents with cognitive or communication difficulties—engage fully and fairly with the court process.

 

They assist in ensuring that parties or witnesses can understand and respond to questions, thereby upholding their right to participate meaningfully in their case.

However, the legal framework around the use of intermediaries has now shifted significantly.
 

Re M (A Child: Intermediaries) [2025] EWCA Civ 440: A Turning Point
The Court of Appeal’s decision in Re M provides definitive guidance on the use of intermediaries in the family court. This judgment supersedes recent first-instance decisions by Lieven J and Williams J, which are no longer to be relied upon.

Importantly, the President of the Family Division has acknowledged that existing practice guidance is outdated in light of this ruling.

 

Until revised guidance is issued, courts have been directed not to rely on paragraphs 8, 10, and 12 of the Practice Guidance: The Use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Court (issued 25 January 2025).
 

What This Means for Families
For families navigating the family justice system, particularly those involving vulnerable parties:
 

• Criteria for Intermediaries : The test for the appointment of an intermediary for any aspect of proceedings is that it is necessary to achieve a fair hearing.  Decisions are taken based on the individual circumstances of the person who needs and intermediary and what part of the legal process an intermediary is being asked to provide support for. 

 

• You will need to apply for an intermediary assessment : you will need to meet with an intermediary either in person or remotely and or a psychologist to assess your need. 

 

• You will need to  apply for an intermediary : the application will need to be clear and set out the reasons why it is necessary to ensure a fair hearing. 

 

• Alternative Adjustments Encouraged : Judges may explore other forms of support or accommodations, such as simpler questioning, additional breaks, or use of lay advocates before granting an intermediary.

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How We Help

At Main Nickolls, we provide expert support for families and individuals impacted by these changes:

• Assessing Eligibility :  We work with cognitive and psychological experts to assess whether an intermediary is truly necessary based on the latest legal standards.

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• Evidenced Applications : If an intermediary is appropriate, we prepare a comprehensive, evidence-backed application to ensure the court understands the need and scope of support required.

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• Alternative Safeguards : Where intermediary use isn’t permitted, we propose tailored adjustments to ensure our clients can still fully engage in the process.

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• Clear Legal Advice : We explain how the Re M ruling affects your case and help you respond to any changes in the court's approach to communication support.

 

Key Takeaway
This ruling represents a major recalibration in how the family court supports vulnerable parties. While intermediaries remain an essential tool for access to justice, their use is tightly controlled. Our firm is here to ensure that your rights, or those of a loved one, are safeguarded in line with the most current legal standards.

If you’re unsure how these changes affect you, contact us today for confidential, up-to-date legal advice tailored to your situation.

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