What are Lay Advocates and Intermediaries?

Lay Advocates and Intermediaries are individuals or groups that assist people, to understand information being provided and be able to respond to the same and thereby participate effectively in  proceedings or meetings. 

For example, during a court case it is important that all parties involved understand what is being communicated to them and that they can clearly express their own information, thoughts and feelings. 

As solicitors in Family Law we often act for parents who are a party in care proceedings but require the support of a Lay Advocate or an Intermediary to help them understand the court case and help them communicate effectively their case to the court. 

What is the difference between a Lay Advocate and an Intermediary?

Lay Advocate

Lay advocates are non-professional individuals who assist others, often in legal or social contexts, by advocating on their behalf.

1. Support in navigating systems: Helping individuals understand legal, healthcare or social systems and their rights.

• Representation and advice: Help represent someone in a non-legal setting, assist in preparing documents, or provide information about a process.

• Support for vulnerable individuals: Often work with people who are vulnerable, including those with mental health challenges, learning disabilities or facing discrimination.

• Limitations:  Cannot provide legal advice or act as official legal representatives (unless licenced to do so).

Intermediary

Intermediaries are individuals or services that bridge the communication gap between people especially when there is a need for specialised support due to disabilities or communication issues.

1. Facilitating communication: Intermediaries can assist in communication, helping individuals with limited literacy, or assisting those with cognitive or developmental disabilities.

• Specialised support: They might be trained to work with specific people (e.g. children, individuals with autism, or those with learning disabilities) to ensure effective communication and understanding.

• Providing emotional and psychological support: In some contexts, intermediaries can also help reduce stress and ensure individuals feel comfortable during complex procedures like interviews, legal proceedings, or medical consultations.

• Limitations: Like lay advocates, intermediaries do not provide professional services in law, health, or other expert fields (unless trained and licensed in those areas).

Who is eligible for an Intermediary?

An intermediary is often appointed when the Family Court believes that a person involved is vulnerable. Those who are vulnerable may be less able to understand the complex legal information that is given to them and may find it difficult to express their own thoughts and feelings in the case. There is no one definition that picks out all vulnerable individuals, but examples of those who may be considered vulnerable include those who:

• have learning difficulties;
• are victims of domestic abuse and have high anxiety or PTSD;
• suffer from mental health problems;
• are neurodivergent;
• are under the age of 18; or
• have a physical impairment (for example those who are deaf, non-verbal, or suffering from a long-term health condition).

In both cases, the goal is to empower and assist individuals who may be at a disadvantage in understanding or navigating systems or processes.  Importantly, it also helps the professionals and Judge understand you in the way you intend.

The funding for Lay Advocates and Intermediaries in the family court is available when a Judge orders it.

How can we help?

One of our specialist family lawyers at Wollens can help guide you through family court proceedings and advise you on whether you might benefit from the help of a Lay Advocate or an Intermediary in your case.

By Rachel Allen-Rendle