Paul Froud appears in Court of Appeal case reasserting the need to achieve fairness for vulnerable individuals

10th April 2025

The Court of Appeal has today handed down judgment in M (A Child: Intermediaries) [2025] EWCA Civ 440, granting an appeal brought by a Mother against the refusal of the trial Judge to permit her to be assisted by an intermediary during a Fact-Finding Hearing to determine how her (then) 10-month-old son sustained a serious fracture to his skull.

Lord Justice Peter Jackson considered the decisions of Lieven J in West Northamptonshire Council v KA (Intermediaries) [2024] EWHC 79 and Williams J Re X and Y (Intermediary: Practice and Procedure) [2024] EWHC 906 (Fam), as well as the guidance issued by the President of the Family Division (Practice Guidance: The Use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Court) and concluded that there is no need for any additional test to be applied when considering the appointment of an intermediary, that as a matter of law the solution lies in the effective application of the necessity test found in the FPR, a test that the court has routinely applied to the appointment of expert [§51]

This important decision refocuses the analysis as to whether an intermediary should be appointed in Family proceedings on the factors contained in FPR 3A.1 & 3A.4 and PD3AA, reversing what has been seen by many as a desire to significantly reduce the number of intermediaries appointed to assist vulnerable parties in family proceedings. The Court of Appeal reminds all who practice in this complex area that “Whatever may have been the situation in the past, it is now understood that the court must, so far as practicable, adapt its procedures to achieve fairness for vulnerable individuals, in particular by ensuring that all participants are on an equal footing in the light of the importance and complexity of the issues.”

Click here to read the judgment.

Paul Froud, led by Darren Howe KC, was instructed by Mrs. Claire Crowther of Invicta Law on behalf of the Local Authority.

Paul Froud is a barrister with a busy and diverse family law practice, with an emphasis on public law Children Act proceedings and a burgeoning private law children caseload. He acts for parents, local authorities, guardians and interveners and has appeared at all levels of the Family Court and the Court of Appeal. Paul is ranked in both Chambers and Partners and the Legal 500 directories, who comment that “He always gives a voice to the voiceless and is impressive and effective in his advocacy." "Paul is fantastic on his feet and provides impeccable client care." For more information or to instruct him, please contact his clerk Ian Charlton.