Mini information pack - What is an intermediary?

A guide to intermediaries www.communicourt.co.uk

Contents What is an intermediary

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Who do intermediaries assist?

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What do intermediaries do?

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What is the benefit of intermediaries?

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How are intermediaries funded?

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What is the MASP framework?

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When is an intermediary needed?

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Communication need indicators

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Communication needs and formal diagnoses

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How do I make a referral?

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Resources and CPD

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About Communicourt

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Contact us

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What is an intermediary?

An intermediary is a communication specialist who facilitates communication between court users, legal teams and the Court. Intermediaries are used when someone 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 the Article 6 (Human Rights Act, 1988) rights of court users with communication needs are upheld, by supporting them to participate effectively.

What this means in practice may look different for different court users. It may mean supporting someone to: ‘Follow the thrust of proceedings’ during hearings Understand key evidence in the case (including expert evidence) Attend to, process, understand and retain legal advice, to ensure they are able to give informed instructions Give their best evidence by ensuring questions can be understood and answered clearly Give clear instructions to their legal team Understand the positions of other parties and the possible outcomes in a case

Who do intermediaries assist?

Intermediaries assist court users who have an identified communication need.

It is important to note that, in many cases, intermediaries work with people who have an undiagnosed communication need. Underdiagnosis is very common among individuals who may have had limited access to support services in the past, for a range of reasons.

Among court users who do have a formal diagnosis, intermediaries commonly assist people who have conditions such as autism, ADHD, learning disability, dementia, aphasia and brain injury, as well as individuals with mental health conditions which can impact communication (such as PTSD, anxiety and schizophrenia).

Intermediaries can assist respondents, defendants, witnesses, appellants and others in a range of legal settings.

Communicourt has assisted in public and private family proceedings, criminal proceedings, financial remedy proceedings, employment tribunals, parole hearings, immigration tribunals and other cases.

What do intermediaries do?

The strategies an intermediary will use to support a court user’s effective participation will vary considerably depending on their specific communication needs, and the specific strategies which assist them.

No two people 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 someone’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 implementing 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 simplified resources, such as summaries of key information from hearings or versions of key documents Checking understanding, using a range of approaches, to identify exactly what someone has or has not understood Providing feedback on and monitoring questions to be put to the court user in evidence, to ensure they can be clearly understood and clearly responded to

What is the benefit of intermediaries?

The use of intermediaries in appropriate cases can benefit all professionals and parties involved in the case, not only the court user they are allocated to assist. For example, they can: Support the court user’s effective participation at every stage. From understanding legal advice and giving informed instructions, to engaging during hearings and evidence, and comprehending any outcomes and consequences. Intermediary support can help to ensure proceedings are conducted fairly and communication needs are appropriately accommodated throughout Help facilitate the smooth running of proceedings, by minimising the risk of issues like miscommunication, communication breakdown between the court user and their legal team, unclear instructions and unexpected changes in position Help save time overall in proceedings. Common strategies such as real-time explanation, careful monitoring of emotional regulation, recaps in breaks, court diaries and visual aids can reduce the overall number and length of breaks required during proceedings. For example, a barrister may require less time to explain key points in conference, if their client’s attention and concentration has been supported, or they have engaged with real-time simplifications Support the clarity and smooth running of the court user’s evidence by identifying and implementing appropriate adjustments to the evidence process, monitoring and providing advice regarding questions in real time and by reviewing questions in advance

How are intermediaries funded?

In cases where an individual receives Legal Aid, intermediaries are mostly funded by HMCTS, with no charges or payments required by legal representatives.

There are some exceptions to this rule, where alternative arrangements may be required. For example, for pre-hearing conferences in Family proceedings, legal representatives typically pay the invoices issued by the provider – and can then claim this back from the Legal Aid Agency (LAA), if applicable.

For people who are not eligible for Legal Aid, alternative funding sources may include social services, disability support programs, insurance, or private arrangements.

To discuss funding in a particular case, please contact admin@communicourt.co.uk or call 0121 663 0931 for more information.

What is the MASP framework?

We are a Managed and Approved Service Provider (MASP) under the HMCTS Intermediary Scheme (implemented in 2022).

This means our service is regulated by the Ministry of Justice and allows HMCTS greater insight into key aspects of Communicourt (such as our training programme and how we background check our intermediaries).

Under this scheme, intermediary rates are standardised across all providers, meaning there is no cost difference.

When is an intermediary needed?

It’s not always easy to feel confident about identifying a communication need. Or identifying when that need requires adjustments like the assistance of an intermediary to ensure the individual is able to participate fairly in proceedings.

In some cases, mental health difficulties, a language barrier, limited engagement and other factors can complicate the picture. It’s also very common for someone with a communication need to mask difficulties they may be having, making it even harder to identify their needs and the support they require.

This is one reason 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 the individual. The assessment will also recommend whether or not an intermediary is likely to meaningfully assist.

Additionally, the assessment will explore strategies and adaptations beyond intermediary assistance that may assist participation, making detailed recommendations about communication strategies and other measures which will help the individual take part.

Communication need indicators Not sure whether to request an intermediary assessment?

The questions below may help.

Please note that this checklist is by no means exhaustive.

Every person with a communication need has a unique profile of strengths and difficulties. As such, there is no ‘one size fits all’ checklist for identification.

Do they often agree when asked if they understand, but cannot explain information back to you when asked to do so in their own words?

Do they frequently misunderstand or forget information?

Do they struggle to maintain attention, often losing focus, becoming fidgety, physically restless or easily distracted?

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?

Do they report attending a specialist school, requiring extra help at school, or experiencing difficulties during their education?

A note on diagnoses A person who reports a diagnosis of a learning disability, a learning difficulty, Attention Deficit Hyperactivity Disorder (ADHD), autism, stroke, anxiety, Traumatic Brain Injury (TBI), schizophrenia, Post-Traumatic Stress Disorder (PTSD) - or other conditions - may have communication needs.

However, in some cases, someone with a formal diagnosis may not have communication needs which require intermediary assistance. For example, they may take medication or have developed helpful strategies that support communication.

It may be helpful to consider the following points: A person with a communication-related diagnosis may have developed masking strategies. Their difficulties may be more marked than they appear Asking the individual how their diagnosis affects them in their everyday life may help provide more insight Asking about their experiences in conferences and court hearings may also prove helpful Remember that the individual may not feel comfortable discussing or disclosing their diagnosis or related communication difficulties, or may lack insight into their needs A person 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 person’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 www.communicourt.co.uk and access our Bookings Portal by clicking “Make a Referral via our portal” on the homepage.

Resources & CPD The Access Brief | communicourt.co.uk/the-access-brief Communicourt’s library of free resources for

THE professionals working with someone with a ACCESS communication need, full of bite-sized guides to BRIEF

working with people who have different conditions, resources on working alongside an intermediary in different settings, and guides to creating visual aids and checking understanding.

Communicourt CPD sessions | communicourt.co.uk/freecpd Communicourt offers free, certified CPD sessions to legal practitioners, introducing key concepts when considering communication needs at court, and supporting earlier identification of needs.

Sessions can be delivered online or in person. For more information or to book a session, please visit our website, email cpd@communicourt.co.uk or call Susan Mahay on 07939 955031.

The Accessing Justice Podcast | communicourt.co.uk/podcast Communicourt’s podcast, covering topics from trauma-informed ‘lawyering’ (with Kama Melly KC), to Chris Packham’s reflections on attending court as an autistic person. Listen on Podbean or Spotify.

Communicourt social media We use X (Twitter), LinkedIn and Instagram to share resources and information that supports legal practitioners working with clients who have communication needs. Search us on the platforms above to follow what we do.

About Communicourt Communicourt’s mission is to ensure that court users with communication needs can participate effectively in legal proceedings, and have equal access to justice.

The organisation began when speech and language therapist and Registered Intermediary (RI), Naomi Mason, began providing communication support to defendants in the criminal courts, identifying a widely unaddressed need.

Today we are the largest provider of HMCTS-approved intermediaries. We operate across England and Wales, offering full national coverage in all legal jurisdictions.

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 online portal.

For information about Communicourt events, or to get involved in a Communicourt project: Please email events@communicourt.co.uk For information about booking a CPD session: Please email cpd@communicourt.co.uk call Susan Mahay on 07939 955031 or visit our CPD webpage: communicourt.co.uk/freecpd