Litigants in Person Support in Family Court: What Help Exists — and Why Quality McKenzie Friends Matter
Navigating Family Court without legal representation can feel overwhelming — but you are not without options. While the rise in litigants in person has exposed significant access to justice challenges, a range of support services now exist, from court-based charities to McKenzie Friends offering structured assistance. Understanding what help is available — and the limits of that help — is critical. This guide explains the landscape of litigant support in England and Wales, the role of McKenzie Friends, and why there is an increasing need for ethical, procedurally competent support in modern family proceedings.
Litigants in Person Support in Family Court: What Help Exists — and Why Quality McKenzie Friends Matter
Key Takeaways for Litigants in Person
- You are entitled to represent yourself in Family Court — and many people now do.
- Support exists, but it is fragmented and varies in quality.
- McKenzie Friends can provide structured, strategic assistance — but standards matter.
- Free support services are valuable but often overstretched.
- Understanding the limits of each type of support prevents unrealistic expectations.
- There is a growing need for ethical, professional McKenzie Friends who understand procedure, safeguarding and evidence.
Introduction: You Are Not Alone — But You Must Be Informed
Since the reduction of legal aid in private family law matters, the number of litigants in person has risen significantly. Many individuals now enter the Family Court without solicitors or barristers — not because they choose to, but because they cannot afford representation.
The system has adjusted to this reality. Judges are accustomed to litigants in person. Guidance exists. Court staff assist where they can.
But navigating proceedings without support can feel isolating.
This article explains what support is available to litigants in person in England and Wales, what each service can (and cannot) do, and why there is an increasing need for high-quality, ethically grounded McKenzie Friends.
The Legal Right to Represent Yourself
You have the right to conduct your own case. This is a long-standing principle of access to justice.
The Family Court is governed by the Family Procedure Rules 2010. These rules apply equally whether you are legally represented or not.
The court’s overriding objective requires cases to be dealt with justly and proportionately — and judges must ensure fairness to litigants in person.
However, fairness does not mean advantage. The court cannot act as your legal adviser.
Why Litigants in Person Are Increasing
Key reasons include:
- Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) removing most private family legal aid.
- Rising legal costs.
- Increased complexity of family litigation.
- Growing awareness of self-representation options.
Children cases involving domestic abuse may still qualify for legal aid, but evidential thresholds apply.
Many parties fall just outside eligibility.
What Free Support Is Available?
1. Court Staff
Court staff can assist with procedural queries (forms, filing, deadlines). They cannot provide legal advice.
2. CAFCASS
In children cases, CAFCASS conducts safeguarding checks and may prepare reports. They are independent officers of the court — not advisers to either party.
3. Support Through Court (Formerly PSU)
This charity provides volunteers who:
- Help organise documents.
- Offer emotional support.
- Attend hearings for reassurance.
They do not provide legal advice.
4. Citizens Advice
Provides general legal information and guidance.
5. Domestic Abuse Charities
Where relevant, specialist organisations provide advocacy and safeguarding assistance.
The Role of McKenzie Friends
A McKenzie Friend is someone who supports a litigant in person during proceedings.
The role originates from the case of McKenzie v McKenzie (1970).
Guidance is set out by the Judiciary:
Judicial Guidance on McKenzie Friends
What a McKenzie Friend Can Do
- Provide moral support.
- Take notes.
- Help organise documents.
- Quietly offer advice during hearings.
- Assist with drafting documents.
What They Cannot Do (Without Permission)
- Address the court.
- Examine witnesses.
- Conduct litigation formally.
Rights of audience require specific permission.
Why Quality Matters
Not all McKenzie Friends operate to the same standard.
The absence of formal regulation creates variability.
High-quality McKenzie support should include:
- Strong understanding of Family Procedure Rules.
- Knowledge of safeguarding frameworks (PD12J).
- Clear boundaries regarding role.
- Transparent fees.
- Professional documentation standards.
- Data protection awareness.
Litigants are vulnerable. Poor advice can cause procedural damage.
Ethical Considerations
A McKenzie Friend must not:
- Encourage vexatious litigation.
- Inflame conflict.
- Provide misleading assurances.
- Undermine court authority.
The role should enhance clarity and structure — not escalate hostility.
Why There Is a Growing Need for Professional McKenzie Support
Family cases increasingly involve:
- Complex safeguarding issues.
- Digital evidence.
- Fact-finding hearings.
- Detailed disclosure obligations.
- Procedural compliance requirements.
Litigants in person often struggle with:
- Drafting coherent witness statements.
- Preparing bundles compliant with PD27A.
- Understanding the welfare checklist under the Children Act 1989.
Professional, ethically grounded McKenzie Friends bridge that gap.
Emotional Support vs Strategic Support
Support services often provide emotional reassurance — which is important.
Strategic support is different. It involves:
- Issue identification.
- Evidence alignment.
- Procedural awareness.
- Hearing preparation.
Both forms of support matter.
Risks of No Support
- Missed deadlines.
- Procedural non-compliance.
- Overlong statements.
- Disorganised bundles.
- Emotional reactivity in hearings.
Judges cannot compensate for structural disorganisation.
Access to Justice: A Structural Challenge
The Family Court remains under significant pressure.
Delays, listing backlogs and limited judicial time increase the importance of focused preparation.
Litigant support is not a luxury — it is part of modern access to justice.
How to Choose a McKenzie Friend
Ask:
- What is your experience in family law?
- How do you approach safeguarding cases?
- What are your boundaries?
- Do you provide written engagement terms?
- How do you protect client data?
Clarity protects both parties.
How JSH Law Supports Litigants in Person
JSH Law provides litigation support services including:
- Strategic case review.
- Evidence structuring.
- Chronology drafting.
- Bundle preparation.
- Hearing preparation.
- McKenzie Friend attendance.
The aim is not to replace solicitors where representation is available — but to provide structured, principled support where it is not.
Book a 15-Minute Consultation
If you are navigating Family Court alone and need clarity about your next step, you can book a short consultation.
Useful Links
- Family Procedure Rules 2010
- Judicial Guidance on McKenzie Friends
- Support Through Court
- CAFCASS
- Citizens Advice
- Children Act 1989
Regulatory & Editorial Notice
This article is for general information only and does not constitute legal advice. Each case depends on its own facts and procedural history.
JSH Law provides litigation support services to litigants in person. JSH Law is not a firm of solicitors and does not conduct reserved legal activities.
