Special Measures
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What are they?
Special measures are things that a court can do to make it easier for people to take part in court proceedings. Their other name is ‘participation directions’.
The courts must consider whether someone’s vulnerability means
they are less likely to be able to participate in a case
the quality of their evidence might be reduced
The aim of special measures is to enable them to take part in the case so the court can understand what they are saying about the case and give the best quality of evidence they can.
Who gets a special measure?
Special measures are for people who are vulnerable. Vulnerability can be for any reason but it can be linked to:
Age, such as being particularly old or a child. Children are always classed as vulnerable.
Disability. You might know the term ‘reasonable adjustments’. Courts are not covered by this bit of the Equality Act 2010 but are under a duty to help people with disabilities participate well in court cases. The Act says that courts can’t be sued for failing to do this, but if they don’t do enough then the higher courts might say that there has been a legal mistake and tell the lower courts to re-hear the case.
Being a victim-survivor of domestic abuse. All victim-survivors of domestic abuse are assumed to be vulnerable.
Mental capacity (your brain’s ability to process or keep information).
Poor mental health.
The court will first need to decide whether someone is vulnerable and then think about whether they need special measures, and what those could be.
What sorts of special measures are there?
Some common special measures are:
Visiting the court before the hearing, to familiarise yourself with it
A separate entrance to the court building
A separate waiting area
Giving evidence by video link from another place, or from behind a screen
A screen preventing you from seeing your ex
Having someone in the room to support you such as an independent domestic violence advocate (an IDVA)
Holding a fidget toy or comfort toy
Having regular breaks
Questions being short
Using braille or large print documents
Using a hearing loop
Using an intermediary. An intermediary is a specially trained person who helps people with understand what is going on. They can be used by people who need help understanding questions the court might ask, or help telling the court about things. For example, they can help people with learning disabilities.
How to I ask for these?
There is often a box on the court forms asking about attending court and whether you need any help.
You can also write to the court, or phone them. You should explain how your situation affects you and what support you need. Try to give the court enough information that they can really understand how to help you.
Appointing an intermediary
If the court decides that you need an intermediary, they will find one for you and pay them.
Ground rules hearing
The court might hold a hearing called a ‘ground rules hearing’ to discuss what is needed, or they might discuss this at any hearing you’re at. This helps make sure everyone understands what you need to take part in the case.
The rules and guidance
The rules are in the Family Procedure Rule 3A, ‘Vulnerable Persons: Participation in Proceedings and Giving Evidence’, and Practice Direction 3AA.
Courts and lawyers also use guidance to help them know about people’s needs and how they can ask them questions.
Lawyers who are going to represent or ask questions of people who are vulnerable can use a set of guidance called the Advocates’ Gateway Toolkit to help them know how to do this best. There are toolkits on ground rules hearings and on how to ask question of people with ASD, for example.
Judges use a book called called the Equal Treatment Bench Book which explains lots of different disabilities and vulnerabilities and what people need.
You can find more about special measures in a guide from Rights of Women.
Find a video on special measures below.