6. Assistance available to LiPs For information, this section outlines the resources available to LiPs. You are not obliged to provide any such information to a LiP, although you may wish to do so if you feel it is in your clients interests. There are a number of national initiatives which aim to improve the level of support available to LiPs. The use of mediation is favoured, and the Government aims to increase awareness so that individuals are better placed to understand the options available to them. 6.1 McKenzie Friends During court proceedings, LiPs have the right to seek reasonable assistance from a layperson, sometimes called a McKenzie Friend. A McKenzie Friend may sit alongside a LiP and provide general support. You should note the following in relation to McKenzie Friends: A McKenzie Friend is permitted to further the interests of justice by achieving a level playing field and ensuring a fair hearing. Requests for such assistance will only be refused for compelling reasons, and in the event, the judge must explain those reasons fully to the LiP and the prospective McKenzie Friend; A LiP cannot allow a McKenzie Friend to speak directly on their behalf unless invited to do so by the court, either within the confines of the court or in pre-trial meetings; A LiP is entitled to disclose confidential information and court papers to the McKenzie Friend in order to give them a better understanding of the matter in hand; A McKenzie Friend may assist with such tasks as taking notes, helping to organise documents, and making suggestions; McKenzie Friends are not permitted to act as a LiPs agent in relation to court proceedings or manage a LiPs case outside of court. If you receive correspondence from a McKenzie Friend on a LiPs behalf, you should respond to the LiP directly and not to their McKenzie Friend; A LiP will need to advise the court if a McKenzie Friend will be attending hearings, meetings etc., but a McKenzie Friend has no right of address to the court; and It is not good practice for the court to exclude the proposed McKenzie Friend from the courtroom or chambers whilst the application for assistance is being made by the unrepresented party, as a LiP who requires a McKenzie Friend is likely to need their assistance to make the application for their appointment in the first instance. Guidance designed for LiPs who opt for McKenzie Friend assistance has been issued by the President of the Family Division, and provides an overview. Top of page 6.2 Citizens Advice Bureau The local Citizens Advice Bureau (CAB) may be able to assist LiPs by providing independent, confidential, free and impartial legal advice. If the CAB is unable to assist, they may make referrals to other services. This will often be the in a family law context. Only four CABs give specialist family legal advice, including the Royal Courts of Justice Advice Bureau. Top of page 6.3 Personal Support Unit The Personal Support Unit (PSU) is a charity which provides assistance for LiPs. It does not provide legal advice, but offers practical guidance and emotional support to help clients solve their problems. It has offices in the Royal Courts of Justice, the Principal Registry of the Family Division, Wandsworth County Court, Manchester Civil Justice Centre and Cardiff Civil Justice Centre. PSU volunteers are experienced and skilled, and are familiar with court processes. The service is free, independent, confidential and impartial. All aspects of the work are subject to an equal opportunities policy, and the service is offered to anyone who requests it. PSU volunteers are permitted to accompany LiPs in court, provide them with a calming environment prior to and post court hearings and talk them through the case in hand. However, they are not permitted to provide LiPs with legal advice. Top of page 7. More information 7.1 Further services and support LawWorks Citizens Advice Bureau ACAS - See more at: lawsociety.org.uk/advice/practice-notes/litigants-in-person/#lip61
Posted on: Sat, 02 Aug 2014 15:12:41 +0000
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