This public child law CPD course provides a practical and thought-provoking examination of how the family justice system supports, or fails to support, vulnerable parties and witnesses in proceedings involving children. Drawing on extensive experience in complex children cases, this session explores the legal framework governing vulnerability, with particular focus on Part 3A of the Family Procedure Rules 2010, Practice Direction 3AA, and the duties placed on the court and legal representatives to ensure fair and effective participation. The course considers how vulnerability should be identified at the earliest opportunity, why it must remain under review throughout proceedings, and how practitioners can better recognise issues affecting lay parties and witnesses, including distress, cognitive difficulties, trauma, domestic abuse, and communication barriers.
The session also offers practical guidance on the measures available to improve participation and evidence quality, including participation directions, ground rules hearings, intermediaries, cognitive assessments, and the use of pre-drafted questions and signposting in advocacy. Delegates will gain valuable insight into the role of the Advocate’s Gateway, the President’s updated guidance on intermediaries and cognitive assessments, and the importance of recording participation measures clearly on court orders. This course is essential for practitioners seeking to ensure that vulnerable individuals are able to engage meaningfully in proceedings and that the family court process remains fair, lawful, and focused on achieving the best possible outcomes for children.
Key Takeaways
- A clear understanding of the legal framework relating to vulnerable parties and witnesses in family proceedings
- Practical guidance on identifying and reviewing vulnerability throughout a case
- Insight into participation directions, ground rules hearings, and the effective use of intermediaries
- Understanding of how distress, trauma, disability, and cognitive difficulties can affect participation and evidence
- Practical advocacy techniques, including signposting, question structure, and communication support
- Greater confidence in meeting professional duties and promoting fair process in public child law cases
Introduction
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