FNF Scotland submits views on lay representation in court

Scottish courts should make it easier and simpler for people to represent themselves in family cases, and it should be possible for their non-legally qualified helpers (lay assistants) to speak up in court as well as offering whispered advice.

These points are made in a submission by Families Need fathers Scotland to a consultation on lay representation in the Court of Session and Sheriff Courts.  These views will be considered by a working group chaired by Lord Pentland.

In making the case for simpler and more permissive procedures, we suggest that various factors including the reduced availability of legal aid will lead to increased amounts of self representation in the Scottish Courts. 

The new rules should be consistent across all civil courts including any new courts arising from the implementation of the Gill review in coming years.

Our submission includes mention of how Mckenzie Friends operate in English and Welsh courts, where it is not unusual for them to be allowed to address the court, particularly when the person they are supporting is not confident or articulate.   

In support of this being allowed in Scotland, we mention the situation in which a parent has to be cross-examined, suggesting that it is preferable that this is done by someone other than his or her ex-partner if that person is representing themself.

FNF Scotland has already published a guide to representing yourself in the Scottish courts and are keen to hear experiences of party litigants.