In the latest Today’s Family Lawyer Podcast host David Opie discusses the role of intermediaries in the justice system with Lucy Osmond, Lead Practitioner at Communicourt.

With over a decade of experience in facilitated communication, Osmond sheds light on the essential work Communicourt does in supporting HMCTS and ensuring that all court users can effectively engage with proceedings.

Communicourt provides impartial communication specialists who bridge the gap between court users and legal professionals. Their role is to ensure that individuals, particularly those identified as vulnerable - whether due to age, specific conditions, cognitive or neurodivergent needs, anxiety, or depression - can fully participate in their hearings. Importantly, a formal diagnosis is not required for an intermediary to be appointed; referrals can be made by solicitors when communication barriers are identified.

In family courts, intermediaries assist in standalone conferences, helping individuals understand proceedings, the roles of those involved, and the various stages of a case. Their support is highly tailored to each person’s needs, ensuring that they comprehend the questions they are asked and can respond effectively. As Osmond highlighted, there is no one-size-fits-all approach; intermediaries adapt their strategies dynamically throughout proceedings to provide bespoke, effective support.

A significant concern Osmond raised is the decline in referrals for intermediaries, despite their proven ability to improve access to justice. Many applications for intermediary support are made late in proceedings, often after key decisions have already been made. Early involvement, she emphasised, allows for more effective development and better outcomes for court users.

Despite some criticism, intermediaries play a nuanced role beyond simply providing breaks during hearings. Their work often goes unseen, such as monitoring attention levels or supporting individuals with literacy and processing difficulties. They are not legal professionals but highly trained communication specialists who undergo a rigorous training program, ensuring they can quickly build rapport and tailor their approach to each unique case.

This rapport point is important. Could artificial intelligence play a similar role? While valuable, says Osmond, it cannot replace the work of professionals. And to reduce the work of intermediaries to something that can be delivered by AI is to risk dismissing it as a “tick-box exercise. Indeed, Osmond concludes, research suggests their presence can save court time and costs by making proceedings more efficient.

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