FNF McKenzie Friend Consultation
FNF News
McKenzie Friend Consultation
Many of the people who come to Families Need Fathers for help end up having to go to court to maintain a relationship with their children. For those who can't afford a solicitor or who have little or no understanding of the Family Court, using a McKenzie Friend to help them with their case and assist when they are in court is the only alternative. Some McKenzie Friends are commercial and charge fees, others are volunteers or friends who only ask for expenses or do this for free.For all those who have used, or are thinking of using a McKenzie Friend we'd like to let you know that the Judiciary in England and Wales are consulting on changing the approach courts should take to McKenzie Friends. Some of the proposals being considered appear to be useful but others may deprive the public of McKenzie Friends and would leave them little alternative but to use lawyers or give up - so please - consider this consultation very carefully! Their consultation document is available here. There are a number of proposals being considered by the Judicial Executive Board (JEB) which include the following:
- Terminology – whether the term McKenzie Friends should be updated to something that is more readily understood – such as ‘Court Supporter’. The original term stems from a divorce case in the 1970s in which an Australian barrister, without rights of audience in England and Wales, sought to represent a party.
- Developing rules of court – the paper discusses whether the existing Practice Guidance should be replaced with formal rules of court. The courts’ approach to this issue is based on case law. Replacing this with rules would enable reforms to be made, and allow differences for different types of proceedings (for example, between civil and family cases). Procedure Rules would also provide greater clarity and consistency in the approach courts take to McKenzie Friends.
- Providing notice – the paper suggests reforms to help LiPs understand what roles McKenzie Friends can play and any limitations on what they can do. LiPs would need to inform courts in advance if they intended to use a McKenzie Friend, and would give the courts information on that lay supporter.
- Code of Conduct – the paper proposes that the standard notice process includes a Code of Conduct for McKenzie Friends that they would be required to agree to comply with. This would ensure that, as with legal representatives, they would acknowledge a duty to the court, and a duty of confidentiality in relation to the litigation.
- Plain language Guide – the JEB believes that whatever reforms take, a plain language guide for both LiPs and McKenzie Friends should be produced, and it raises the question whether should a guide should be drafted by a non-judicial body with expertise in drafting court user materials is commissioned for this work.
- Prohibition on fee recovery – the paper proposes that paid McKenzie Friends should not be able to charge for their services or receive payment directly or indirectly.
- General –Views are welcomed on other points that should be considered or taken into account in making reforms on this topic.
Families Need Fathers has produced a questionnaire to help you compose your response to this consultation. This will take about 20 minutes of your time to complete and you will then receive an email tailored with your answers along with instructions on how to send this to the Judicial Executive Board. You can access the questionnaire via this link.
The consultation closes on 19th May, 2016, so time is short. If you have an interests in the future of McKenzie Friends in the Family Courts please take the time to respond to this consultation and let the Judicial Executive Board know your views.
Thank you
Families Need Fathers
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