Getting support in a family case: McKenzie friends, free help and legal advice

What a McKenzie friend is

A McKenzie friend is a layperson who helps you in court. It could be a friend, a relative or a volunteer. The rules for them are in the Practice Guidance on McKenzie Friends (Civil and Family Courts) issued in July 2010.

The guidance says you have the right to reasonable help from a McKenzie friend. You remain a litigant in person. The McKenzie friend has no right of their own to act for you.

What they can and cannot do

The guidance sets out clear limits.

1. They can give you moral support.
2. They can take notes.
3. They can help with case papers.
4. They can quietly give advice on any aspect of how you run the case.
5. They cannot act as your agent in the case.
6. They cannot manage your case outside court, for example by signing court documents.
7. They cannot speak to the court, make submissions or question witnesses.

Telling the court

Tell the judge as soon as possible that you want a McKenzie friend, and who it will be. The McKenzie friend should give a short CV or statement. It should set out relevant experience and confirm they have no interest in the case. It should also confirm they understand their role and the duty of confidentiality.

The court can refuse or limit a McKenzie friend, but there must be good reasons. In private hearings, including children cases, you need to explain why you want them there. The guidance says the presumption in favour of allowing them is a strong one.

In exceptional cases a court can let a layperson speak for you or run the case. This needs a separate decision by the judge.

Sharing papers with a McKenzie friend

Papers in children cases are confidential. Practice Direction 12G allows you to share information about the case with a McKenzie friend or a lay adviser to get advice or help.

The McKenzie guidance also allows you to share filed evidence with a McKenzie friend for this purpose. The court can refuse a McKenzie friend if it is not satisfied they understand the duty of confidentiality.

Paid McKenzie friends

Some McKenzie friends charge for their help. The guidance says you can agree to pay a McKenzie friend for reasonable help, in or out of court. This could include clerical work or legal advice.

You cannot usually get those fees back from the other party. Fees for running the case are not recoverable at all unless the court has given that right.

A paid McKenzie friend is not a solicitor or barrister. Ask what they will charge, what they will do and what experience they have before you agree.

Free help

Several organisations give free help to people going through the family courts without a lawyer.

1. Support Through Court is a charity whose volunteers help people facing court alone, before, during and after court. It does not give legal advice. Its website lists a national helpline.
2. Advicenow is an independent charity that publishes free guides for people dealing with legal problems on their own, including going to court. GOV.UK points to its court guides.
3. Citizens Advice gives free, confidential advice online, by phone and in person, including on separation and children.
4. Family Rights Group gives free, confidential advice to parents and family members whose children are involved with children's services in England.
5. Cafcass, or Cafcass Cymru in Wales, works with families in children cases so the child's voice is heard by the court. Its website does not offer legal advice to parents.

Legal aid and legal advice

Legal aid may be available in some family cases. GOV.UK lists cases involving domestic abuse, a child at risk of being taken into care and family mediation. Use the Check if you can get legal aid service on GOV.UK to see if you qualify.

You can still get legal advice while representing yourself. One option is to pay a solicitor for advice on a particular step. Another is a barrister authorised to work directly with the public, known as a public access or direct access barrister.

The Bar Standards Board says that if you use a public access barrister, you cannot usually apply for legal aid.