Key Facts
- •Care and placement order application for 2.5-year-old X after 127 weeks of proceedings.
- •Mother (M) is profoundly deaf.
- •Proceedings delayed due to issues with BSL interpreters and intermediary appointments.
- •Multiple assessments conducted, including parenting assessments of both parents and cognitive assessment of M.
- •Final hearing adjourned due to the non-attendance of the intermediary.
- •Court considers whether to make a wasted costs order against the intermediary and whether a deaf intermediary is necessary for the entire hearing.
Legal Principles
Appointment of intermediaries in family court cases should follow principles similar to those in criminal cases, ensuring fair trial rights.
R v Thomas (Dean) [2020] EWCA Crim 117
Appointment of an intermediary for the whole trial should be exceptionally rare and not made on a 'just-in-case' basis.
R v Thomas (Dean) [2020] EWCA Crim 117
Judges must consider the individual's circumstances and the case's specifics when appointing an intermediary.
R v Thomas (Dean) [2020] EWCA Crim 117
Intermediaries should only be appointed for compelling reasons, not merely to improve the process.
R v Thomas (Dean) [2020] EWCA Crim 117; R v Cox [2012] EWCA Crim 549
Judges must consider alternative adaptations to ensure effective participation before appointing an intermediary.
R v Thomas (Dean) [2020] EWCA Crim 117
Expert recommendations for intermediaries are not determinative; the decision rests with the judge.
R v Thomas (Dean) [2020] EWCA Crim 117
It is unusual for a case to be adjourned due to lack of an intermediary if every effort to find one has been made.
R v Cox [2012] EWCA Crim 549
Advocates should adapt their communication to the needs of vulnerable parties, using simple language and short questions.
R v Lubemba [2014] EWCA Crim 2064
Outcomes
No wasted costs order made against the intermediary due to a tragic family incident.
The intermediary's non-attendance was justified by unforeseen and tragic circumstances.
Order for a deaf intermediary to continue throughout the hearing.
M's profound communication difficulties, including deafness and wider cognitive issues, necessitate a deaf intermediary to ensure effective participation and prevent further adjournments. The use of a hearing intermediary with a deaf person presents particular challenges with BSL interpretation.