Communicourt Information Pack by Communicourt

Information pack

www.communicourt.co.uk

Contents About Communicourt

What is an intermediary?

Does my client need an intermediary?

How do I make a referral?

How are intermediaries funded?

Intermediary FAQs

Resources & CPD for legal practitioners

Printable posters & resources for clients

About Communicourt Communicourt is the largest provider of HMCTS approved intermediaries, operating across England and Wales to provide full national coverage. Our mission is to ensure that court users with communication needs receive the necessary adjustments to participate effectively in legal proceedings, which could alter the course of their lives. The organisation was founded in 2011 by Naomi Mason, an experienced speech and language therapist who went on to train as an intermediary. We began with just one intermediary, Naomi, providing communication support to defendants in the criminal courts. Today, we train and employ around 100 intermediaries to assist court users with communication needs in all regions and legal jurisdictions.

“Communicourt will continue to campaign for greater access to support – we want to secure a future that ensures a fair system for all.” Sarah Wardle, Operations Director

What is an intermediary? An intermediary is a communication specialist who facilitates communication between court users and the Court. Intermediaries are used when an individual is identified as having communication needs, which will likely mean they face barriers to effective participation in legal proceedings. Intermediaries play an important role in ensuring that the Article 6 rights of court users with communication needs are upheld. They can help ensure individuals are able to make informed decisions in proceedings, by making sure key information is understood and clear instructions are given.

Who do intermediaries assist? Intermediaries can assist respondents, defendants, witnesses, appellants and others in a range of legal settings. They often assist autistic court users, as well as people who have diagnoses including (but not limited to) learning disability, Developmental Language Disorder, ADHD, dementia, aphasia, PTSD and a range of mental health conditions which can impact communication. Intermediaries also work with people who have an undiagnosed communication need. Underdiagnosis is very common among many court users, who may have had limited access to support services in the past, for a range of reasons.

What do intermediaries do? The strategies an intermediary will use to support a court user’s effective participation will vary considerably depending on the individual’s specific communication needs, and strategies which assist them. No individual will have the same profile of communication strengths and difficulties, and there is no ‘one-size-fits-all’ approach. However, there are some common strategies which an intermediary will have in their toolkit: Conducting detailed assessment of an individual’s communication profile, documenting findings and (where needs are identified) presenting bespoke recommendations to support their participation to the Court. Monitoring attention and emotional regulation, recommending and implenting strategies to support in these areas Simplifying, breaking down and recapping verbal information throughout proceedings (in real time in hearings and at other stages, e.g., in legal conferences)

Using visual aids to explain complex concepts or detailed information Creating easy read resources, such as summaries of key information from hearings or easy read versions of key documents Checking understanding, using a range of approaches, to identify exactly what the individual has or has not understood Providing feedback on and monitoring questions to be put to the individual in evidence, to ensure they can be clearly understood and clearly responded to

When do intermediaries assist? An intermediary’s first involvement in a case typically occurs when a referral is made for an intermediary assessment. This referral may be made due to a recommendation made within a cognitive or psychological report, due to a diagnosis likely to impact a court user’s communication during proceedings, or because their legal team have identified communication difficulties. The intermediary report (written within 5 working days of the assessment) will recommend whether an intermediary is required to support an individual’s effective participation, and at what stages. An intermediary may be recommended to assist: Throughout proceedings, including any conferences relating to the case At particularly complex stages of proceedings (e.g. expert evidence) During the individual’s evidence The Access Brief: Intermediary assistance throughout a trial The Judge in the case will review the intermediary report and may hear from parties regarding intermediary use. In some cases, an intermediary may be present at this stage and can answer questions or provide further information about the report. The stages at which an intermediary will be allocated will then be determined. An intermediary may also be requested to attend a Ground Rules Hearing.

What happens at an intermediary assessment? Intermediary assessments can take place in person (at a professional address, like a solicitor’s offices) or remotely (where necessary and appropriate), and last up to three hours. During the assessment, the intermediary will explore key areas of an individual’s communication profile, including receptive vocabulary, auditory working memory capacity, attention understanding of complex question types, understanding of figurative language, literacy, expression and ability to process verbal information. The assessment will also explore strategies that may assist participation in proceedings (aside from intermediary assistance), evaluating the likely effectiveness of those strategies and making detailed recommendations about any measures which will assist.

Does my client need an intermediary? Legal teams, and solicitors in particular, are often the first to notice and raise that their client appears to have difficulties with communication in legal proceedings. However, legal practitioners are not communication specialists, which means it’s not always easy to feel confident about identifying a communication need. In some cases, mental health, engagement and other factors can complicate the picture. In other instances, a client may have a diagnosis which can affect communication but may feel this condition is well managed. It’s also very common for individuals with a communication difficulty to mask any issues they may be having, making it even harder to identify their needs and the support they require. The truth is that there is no exact ‘checklist’ or rule of thumb which can be applied when you suspect your client could have a communication difficulty. This is why intermediary assessments can be very helpful. By exploring all key communication domains, these assessments will identify areas of relative strength and difficulty, compiling a clear communication profile of your client. If you are not sure whether to request an intermediary assessment, it may be helpful to consider the following questions: Does your client often agree when asked if they understand but cannot explain information back to you when asked to do so? Do they frequently misunderstand or forget information? Do they struggle to maintain attention, often losing focus, becoming fidgety, physically restless or easily distracted? Is their verbal expression unclear, inconsistent or otherwise difficult to follow? Do they regularly ‘go off topic’ to discuss unrelated subjects? Do they often give “yes”, “no” or non-verbal answers which do not demonstrate clear understanding of (or engagement with) the conversation?

Please note, this checklist of communication difficulty indicators is by no means exhaustive. Every person with a communication need is unique and there is no ‘one size fits all’ tool for identification. Additional questions about the person’s experience of education or their understanding in previous hearings or conferences can also offer insight.

A note on diagnoses A client who reports a diagnosis of a learning disability, a learning difficulty, Attention Deficit Hyperactivity Disorder (ADHD), autism, stroke, Traumatic Brain Injury (TBI), schizophrenia, Post-Traumatic Stress Disorder (PTSD), anxiety - or other conditions - may have communication needs. However, in some cases, individuals with formal diagnoses may not have communication needs which require intermediary assistance. For example, they may take medication or may have developed strategies to effectively manage communication difficulties. It may be helpful to consider the following points: A client with a communication-related diagnosis may have learned masking strategies. Their difficulties may be more marked than they appear Asking your client how their diagnosis affects them in their everyday life may help provide more insight Asking your client about their experiences in conferences and court hearings may also help inform this decision Remember that your client may not feel comfortable discussing or disclosing their diagnosis or related communication difficulties, or may lack insight into their needs A client who does not have diagnoses may also have communication difficulties. Underdiagnosis and reduced access to services and support are common If you are uncertain about a client’s communication needs, an intermediary assessment can provide detailed information about their communication profile

How do I make a referral? To make a referral for an intermediary assessment, please visit communicourt.co.uk and access our Bookings Portal by clicking “Make a Referral via our portal” on the homepage. (HMCTS booking forms are not required).

How are intermediaries funded? In cases where your client receives Legal Aid, intermediary services are mostly funded by HMCTS (subject to judicial approval), with no charges or payments required by legal representatives. There are exceptions to this rule, depending on the type of case and the type of booking required. For example, for pre-hearing conferences in family proceedings, private family proceedings, or cases involving unrepresented parties who do not have Legal Aid, alternative funding routes may be used. This may also be the case in different jurisdictions, such as Employment or Immigration Tribunals. Every case is different, and funding routes can vary. If an intermediary is not funded through the standard HMCTS route, intermediary assistance can be funded privately, paid for by the court, or directly through Legal Aid. If you are uncertain about intermediary funding, please get in touch to discuss the specific case. Our team can provide more detailed information about the funding routes available. Please get in touch via admin@communicourt.co.uk, or telephone 0121 663 0931.

HMCTS Managed and Approved Service Provider (MASP) framework We are a Managed and Approved Service Provider under the HMCTS intermediary scheme (implemented in 2022). This means that our service is regulated by the Ministry of Justice, allowing HMCTS greater insight into important aspects of our service (such as training and how we verify the identity and backgrounds of staff). Our rates are in line with the approved framework rate card.

Frequently asked questions Referrals & accessing intermediary assistance How can someone access Communicourt's services? Individuals, legal professionals (including the Courts), or support organisations can contact Communicourt directly to inquire about services. Referrals can be made by legal professionals or the Courts via the Communicourt website. What steps can be taken to advocate for intermediary assistance early in proceedings? Evidence from cognitive reports, psychological reports, GPs and other sources can help support an intermediary application, as can clear information about any communication difficulties observed by the individual’s legal team. It may help to give concrete examples of any communication barriers you have witnessed, and their impact on participation in legal conferences etc. Intermediary assistance early in proceedings has many potential benefits, including ensuring that your client has a clear understanding of the case at the outset, and that they are able to give clear, informed instructions regarding how their case should proceed. In some cases, this may lead to earlier resolution of proceedings (when the individual understands key information in the case), and can prevent delays to the case resulting from miscommunication, changing positions and communication breakdown between the client and their legal team. In short, intermediary assistance at the earliest possible stage can help cases run more smoothly and fairly from the outset.

Funding Does Communicourt accept Legal Aid funding? Yes, Communicourt accepts legal aid funding to cover communication support costs for eligible individuals. What options are available for individuals not eligible for Legal Aid? Alternative funding may include social service agencies, disability support programs, insurance, or private arrangements. Contact Communicourt for more information at 0121 663 0931. Is financial assistance available for individuals with limited means? Communicourt may assist in exploring financial assistance options for eligible individuals and families. Please contact us directly to discuss this further.

What are the procedures for privately funding an intermediary? Is a court order necessary, or can clients approach intermediaries directly? Privately funding an intermediary typically requires demonstrating the necessity through assessments and reports. While a court order may be necessary in some cases, clients can often approach Communicourt directly for services.

The intermediary role Can intermediaries attend meetings with other professionals, outside of the court environment, such as LAC review meetings, meetings with the guardian or probation meetings? Intermediaries can assist in most professional settings providing the location is appropriate and funding has been secured. The intermediary role is to facilitate communication and their attendance in meetings with another professional outside of the service user’s legal team should not bear any impact on the outcome or the evidence in the case. What is the difference between an advocate and an intermediary? An intermediary is an impartial, trained communication specialist with a duty to the court. An intermediary can assist at all stages of proceedings (including the evidence stage) and make recommendations to the court to support an individual to communicate. An advocate provides support to vulnerable people across a range of settings, e.g. meetings, appointments, travel. An advocate can support in court but cannot make formal recommendations or assist during evidence. Can an intermediary assist when there is also an interpreter? Yes, the intermediary provides a different role to the interpreter. Although the roles differ, it is important that they work together to ensure effective communication takes place. How can I establish if a client has communication difficulties when English is not their first language and they require an interpreter? If you are working with a client through an interpreter, and have concerns about their communication abilities (beyond the language barrier), Communicourt recommends asking the interpreter to notify you if they observe any speech or understanding difficulties, i.e. if they are having to simplify words, further explain concepts or repeat information. If there are any concerns, an intermediary assessment (with an interpreter present) will be able to explore your client’s full communication profile.

Can intermediaries assist during a cognitive assessment? We are unable to assist during assessments completed by another professional, such as a cognitive or capacity assessment. Intermediaries also cannot comment on a client’s level of understanding during an expert assessment. Intermediaries are impartial officers of the court and by being part of such an assessment, there is the risk of this being impacted and the intermediary becoming an expert witness.

General FAQs What is the HAIS framework, and how does it relate to Communicourt? The HAIS framework allows organisations like Communicourt to provide specialised services supporting individuals with communication needs in legal settings, ensuring high standards and recognition by HMCTS. Communicourt have been awarded a contract on the HAIS framework as a Managed and Approved Service Provider (MASP). How do intermediaries ensure impartiality? Intermediaries ensure impartiality by outlining roles and professional boundaries with both legal teams and service users. Intermediaries focus strictly on gathering information and observations relevant to communication needs. They avoid forming personal opinions on the case and cannot offer legal advice. Their role is to ensure effective communication between the service user and legal professionals during court proceedings, and their duty is to the court. Are Communicourt's services confidential? Yes, Communicourt prioritises confidentiality. All information shared during service provision is treated with strict confidentiality and complies with data protection regulations. Intermediaries complete training on confidentiality during the accredited intermediary training program and all staff complete external data protection training. Is Communicourt's service available nationwide? Communicourt operates across England and Wales. Service availability may vary; contact Communicourt for details specific to your area.

Resources & CPD for legal practitioners The Access Brief

THE ACCESS BRIEF

This is Communicourt’s library of free resources for legal practitioners who are working with a client with a communication need. Here you will find bite-sized guides to working with clients who have different conditions (such as autism, ADHD, learning disability, brain injury and anxiety).

Here you’ll also find quick guides to working with an intermediary, from how an intermediary and interpreter can work together, to working with an intermediary in conferences. There are also guides to helpful techniques, such as checking understanding effectively, and creating visual aids.

Communicourt CPD sessions Communicourt offers free, certified CPD sessions to legal practitioners. Our session, “A voice for vulnerable court users”, introduces key concepts around communication needs at court, supporting improved identification of communication difficulties, and understanding of the intermediary role. Sessions can be delivered online or in person. For more information please visit our website and email cpd@communicourt.co.uk to book a session

The Accessing Justice Podcast Communicourt’s podcast, covering a wide range of topics, from hidden disabilities in legal proceedings (Series 2), and Kama Melly KC on trauma-informed ‘lawyering’, to broadcaster Chris Packham’s reflections on attending court as an autistic person. Listen on Podbean or Spotify.

Communicourt on social media LinkedIn and Instagram to share resources and information that supports legal practitioners working with clients who have communication needs. Follow us on:

Instagram

Contact us For referrals or information about booking an intermediary: Please contact admin@communicourt.co.uk, telephone 0121 663 0931 or visit www.communicourt.co.uk. You can also make a referral or book new dates via our easy online portal.

For information about booking a CPD session: Please email cpd@communicourt.co.uk or visit our CPD webpage: communicourt.co.uk/freecpd

Printable posters & resources for clients On the next few pages you will find a set of documents you can print or download from our website, including: Poster: ‘Does my client need an intermediary?’ (for back office spaces) Poster: ‘Do you need extra help at court?’ (for client facing areas) Easy read information: ‘What is an intermediary assessment?” &“Intermediary assessments: What are the tasks?” (for clients)

What is an intermediary assessment? You have been asked to come to an intermediary assessment. The assessment is a meeting to find out if you need any help at court. An intermediary is a court helper. They can explain things to you at court – in a clear way. They can tell the judge how to make it easier for you to: • •

Understand things at court Speak at court (if you need to do this)

Doing the assessment is your choice. When you meet the intermediary, you can say yes or no to the assessment. It will not change what happens in your case.

During the assessment The intermediary will ask some questions about you. They will ask about things you find easy, difficult, and helpful. They will not ask about your case. They will ask you do some tasks. The assessment can take up to 3 hours. But it can be shorter. You can take breaks or stop any time you want.

The intermediary will write a report after the assessment. The report will be sent to the judge, your solicitor and the other lawyers in the case. The report will say if you need an intermediary at court. It will say if you need any other help at court. The judge will read the report. They will decide what help you have.

If you have any questions about the assessment, please speak to your solicitor.

Intermediary assessment: What are the tasks? During your intermediary assessment, you will be asked to do some tasks. The tasks are to find out what help you might need at court. They are to do with skills like: o Remembering things o Understanding court words

o Understanding questions o Reading

Don’t worry if you find any of the tasks difficult. This helps us understand what help you will need at court. It won’t affect your case at all. Here are some of the tasks you might be asked to do: Questions about you - Your education (what school was like) - Your daily life - Your health and mental health

Memory tasks - Remembering lists - Remembering a story

Court words Questions about what different legal words mean. This is to find out the best way to give you information at court. Answering questions This is to find out the best way for lawyers to ask you questions. For example, some people find long questions difficult. Reading task You will be asked about your reading skills. You may be asked to read something. Dates and numbers task You will be asked about some dates, times and numbers. You might be asked to use a calendar.

If you have any questions about the assessment, please speak to your solicitor.

Communicourt Ltd, Unit 110 Fort Dunlop, Fort Parkway, Birmingham B24 9FD Email: admin@communicourt.co.uk Tel: 0121 663 0931