Imagine sitting in a courtroom for the very first time. You’ve made it through stressful court security. You didn’t know where to go. You’ve finally been directed to a courtroom. It’s formal, it’s intimidating. The barristers who were joking together two minutes ago are now standing and speaking to the judge using words you don’t understand, about matters of great personal significance to you. It’s happening fast, but it’s also taking a long time. You’re anxious. You keep getting distracted. You don’t know what they’re talking about…
Participating in legal proceedings can be challenging for any lay person. But when you have a communication difference or difficulty, you will likely face additional barriers to taking part effectively.
In these cases, an intermediary may be asked to assess and to assist. But what is the role really like? And what do intermediaries wish legal professionals knew about communication needs? We sit down with Communicourt intermediary (and Yorkshire local), Tegan Davis, to learn more:
Hi Tegan! Let’s start with an introduction: How do you explain your role to someone who has never heard of an intermediary before?
An intermediary is a bit like a ‘Court communication assistant’. We work with people who need extra help to understand and take part in legal proceedings. We put legal language into everyday language and suggest changes that will help that person understand important points, take part at court, tell their legal team what they want, and understand questions they are asked (if they need to give evidence).
What type of cases do you assist in and who do you work with?
I can assist in all legal jurisdictions. One day I might be assisting a young defendant in a murder trial, the next I could be supporting a witness in a Nursing and Midwifery Tribunal. The following week I could be assessing a respondent in a private family case.
I work with people with very wide range of diagnoses – from autism to schizophrenia. I also work with lots of people who don’t have diagnoses. In many areas of the legal system, underdiagnosis is prevalent. This may be because a person has experienced reduced access to support and services, for example.
What’s your favourite Yorkshire court to work at and why?
It has to be Bradford Combined Court! It is my local court, security are always helpful and friendly, the Judges always listen to and consider my recommendations, and the solicitors and barristers always advocate for their clients and their needs (and there is cheap parking around the corner – bonus!).
What’s something you wish more legal professionals know about communication needs and legal proceedings?
That communication needs are often invisible! A person may be sitting in the courtroom, nodding, looking attentive – but they may be masking very real difficulties which mean they are unable to follow proceedings effectively.
Many people are adept at masking their needs, especially in an intimidating setting and in situations where things like their parenting abilities are in question. Even in conferences, limited understanding may go unnoticed (‘yes/no’ responses, nodding and repeating key words are some common features of masking). It’s really difficult to assess a person’s true understanding without careful rapport building and specific comprehension checking – especially from a position at the front of the courtroom.
What are your favourite parts of the job?
I love seeing the difference that I have made in terms of access to justice. There is no more satisfying feeling than a service user saying, “I had no idea what they meant until you explained it”.
What’s your favourite ‘intermediary strategy’?
My favourite strategies are always interactive. For example, a service user with a learning disability struggled to understand the threshold document. I cut paper into jigsaw pieces and wrote a threshold item on each. We discussed each jigsaw piece to explore her response to threshold. When we had discussed it, we placed each piece on the table to make the jigsaw. Once completed, the service user was able to explain the threshold document in her own words, and her solicitor was able to prepare her response.
What advice would you give to a solicitor or barrister who has never worked alongside an intermediary before?
An intermediary is there to assist you in communicating with your client, but communication between you (the legal team) and the intermediary, is just as important. For example, having a quick chat before a conference to tell us about your goals for the session will help us implement the right interventions at the right time.
My second piece of advice is don’t be afraid to ask questions! Ask about the report and how we formulated our recommendations. Send us key documents in advance, if you need an easy-read version for your client at a conference we’re booked to attend. Want some advice on breaking down a complex concept for your next client who doesn’t have an intermediary? We can help, with bells on!
What advice would you give a solicitor who thinks their client might have a communication need?
Explore Communicourt’s free library of guides, podcasts and webinars – The Access Brief. This includes a two-page “Does my client need an intermediary?” guide alongside bize-sized guides about different diagnoses, communication strategies like visual aids and much more.
If you think you client may require an intermediary, you can make a referral for an intermediary assessment through the Communicourt website. Even if we determine that your client does not need an intermediary, we will provide you with a list of wider recommendations to assist you and the Court in communicating with them.
You may also want to request a free Communicourt CPD session for yourself and your team. They only take an hour and will help you to identify communications needs, give you strategies on how to assist your clients and learn more about working alongside intermediaries. If you’re lucky, you might even get a Yorkshire host!
This article is sponsored by Communicourt.
All media has been provided by Communicort directly.
