In a significant ruling, the Court of Appeal handed down judgment in M (A Child: Intermediaries) [2025] EWCA Civ 440. Victoria Roberts, of Coram Chambers, acted pro bono as junior counsel on behalf of the Association of Lawyers for Children who intervened in the appeal.
The appeal arose in the context of care proceedings concerning unexplained injuries to a baby. The appeal challenged the refusal at the pre-trial review to appoint an intermediary to assist the vulnerable mother during the proceedings.
The Court of Appeal restated the test for appointment of an intermediary for any aspect of proceedings: that it is necessary to achieve a fair hearing. The Court clarified the legal framework for decisions in respect of intermediaries, as set out in Part 3A of the Family Procedure Rules and PD 3AA, and gave guidance on the correct approach.
The Court of Appeal comprehensively reviewed the authorities and guidance on intermediaries in family proceedings. The Court cautioned against overlaying the test of necessity with concepts of rarity or exceptionality. Decisions in individual cases are person-specific and task-specific.
This judgment marks a significant development in the judicial landscape regarding the treatment of vulnerable parties during family proceedings. It clarifies the necessary procedural rigour around intermediary assistance but also recognises the essential role such support plays in safeguarding the rights of those who might otherwise struggle to navigate the legal system effectively.
