June Rodgers and James Turner in the High Court in re C (Lay Advocates) [2019] EWHC 3738 (Fam).


6th February 2020

Hearing to determine the issue of the funding of lay advocates for parents who would only be considered to have capacity, as defined in the Mental Capacity Act 2015, if supported through court proceedings by a lay advocate.

 

The court concluded that there is no material difference between the services provided by an interpreter, an intermediary or a lay advocate insofar as they each enable and support parties and witnesses to communicate and understand court proceedings and without access to these services, where necessary, the courts could be in breach of the parents' right to a fair trial under the European Convention on Human Rights and Fundamental Freedoms: s.6 of the Human Rights Act 1998. The court accordingly ordered HMCTS to pay for the services of lay advocates for 50 hours.

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A link to the judgment can be found here.



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