26. In-court support as a McKenzie Friend (subject to permission)

What may a McKenzie Friend ordinarily do?

The current judicial Practice Guidance confirms that litigants have a right to reasonable assistance from a layperson, commonly called a McKenzie Friend.

The person being supported remains a litigant in person.

What may a McKenzie Friend not ordinarily do?

Without a separate lawful entitlement or specific permission where required, a McKenzie Friend may not:

• act as the litigant's agent in the proceedings;
• take over responsibility for managing the litigation;
• sign court documents in place of the litigant;
• address the court as advocate;
• make oral submissions on the litigant's behalf;
• question or cross-examine witnesses;
• or represent themselves as having an automatic right to do any of those things.

Support is not limited to people who cannot cope

The judicial guidance specifically says assistance should not be refused merely because:

• the case is straightforward;
• the litigant appears capable of representing themselves;
• the litigant chose not to instruct a lawyer;
• the other party is also unrepresented;
• the proposed McKenzie Friend is connected with an organisation or cause;
• or the proceedings contain sensitive family information.

Does the court have to allow a McKenzie Friend into a private family hearing?

Family proceedings involving children commonly take place in private.

The judicial Practice Guidance recognises that where a hearing is private, in chambers or concerns a child, the litigant must justify the McKenzie Friend's presence.

But the Guidance is equally important on the other half of the rule: the presumption in favour of permitting the assistance is a strong one.

What information may the court want?

The current Guidance says the proposed McKenzie Friend should be ready to provide a short CV or other statement setting out relevant experience and confirming that they:

• have no improper interest in the case;
• understand the role of a McKenzie Friend;
• understand the duty of confidentiality;
• and will comply with the court's control of proceedings.

What if the other party objects?

An objection is not automatically decisive.

The judicial guidance says that, where assistance would ordinarily be allowed, it is for the court or objecting party to identify sufficient reasons why the litigant should not receive that assistance.

The court must consider the matter carefully because the litigant's fair-hearing rights are engaged.

When could assistance be restricted or refused?

The court may intervene where the assistance is undermining or may undermine the efficient administration of justice.

Child Focused Court cases

The current Child Focused Court framework expressly recognises that a party may choose to be accompanied at a hearing by a McKenzie Friend, subject to compliance with the applicable Practice Guidance.

Speaking in court and conducting litigation are separate legal activities

This is where the terminology matters most.

Under the Legal Services Act 2007:

• the exercise of a right of audience is a reserved legal activity;
• the conduct of litigation is a separate reserved legal activity;
• and being allowed to provide ordinary McKenzie Friend assistance does not automatically confer either right.

Can the court grant a lay person a right of audience?

The Legal Services Act provides a route by which a court may grant an otherwise unauthorised individual a right of audience for particular proceedings.

But the judicial Practice Guidance says courts should be slow to grant such rights to lay people and should only do so where there is good reason having regard to all the circumstances.

Mere convenience is not enough.

Professional or fee-charging McKenzie Friends

The Practice Guidance takes an especially cautious approach where somebody holds themselves out as a professional advocate or professional McKenzie Friend, or seeks rights of audience regularly.

In those circumstances, the Guidance says rights of audience should only be granted in exceptional circumstances.

If a right of audience is sought

The judicial guidance says the application should be made at the start of the hearing.

It is for the litigant to explain why the interests of justice justify the grant in that particular case.

Relevant circumstances may be fact-specific and the outcome is discretionary.

Conduct of litigation is different again

A McKenzie Friend cannot simply assume responsibility for conducting a litigant's case because they have been hired to help.

The 2026 Court of Appeal decision in Mazur confirms that the statutory concept of “carrying on the conduct of litigation” involves direction, control and responsibility for the relevant litigation tasks, not merely the physical performance of every individual administrative act.

For an adviser working directly for a litigant in person, the boundary therefore remains important and fact-sensitive.

What does effective McKenzie Friend support look like during a hearing?

The value of a good McKenzie Friend is often practical rather than theatrical.

A family hearing can involve:

• rapid reference to court orders;
• Cafcass recommendations;
• bundle page numbers;
• new proposals from the other party;
• questions from the judge;
• deadlines;
• draft directions;
• and emotionally difficult evidence.

One person trying simultaneously to speak, listen, find documents and record the order can easily miss something.

Before the hearing

Useful preparation may include:

1. reading the latest order;
2. identifying what the hearing is for;
3. reviewing the other party's position;
4. analysing any Cafcass or professional report;
5. preparing a short list of live issues;
6. identifying key evidence and bundle pages;
7. preparing the orders or directions sought;
8. and creating concise speaking points for the litigant.

While the hearing is taking place

A McKenzie Friend can help by:

• keeping an accurate note of what is being said;
• recording the judge's decisions;
• noting deadlines and future hearing dates;
• locating documents;
• quietly reminding the litigant of an unanswered issue;
• helping the litigant formulate a question they themselves will ask;
• identifying where a proposed order differs from the litigant's instructions;
• and helping the litigant keep their submissions child-focused and relevant.

During oral evidence

Where the litigant must question another witness and is lawfully permitted to do so, a McKenzie Friend may help prepare the questions and quietly assist with organisation.

The litigant ordinarily asks the questions themselves unless a separate lawful cross-examination arrangement applies.

In domestic-abuse cases, the statutory prohibition on cross-examination in person and the QLR framework may apply. A McKenzie Friend is not a substitute for that statutory process.

After the hearing

A good hearing debrief should identify:

• what the judge decided;
• what interim arrangements apply;
• what documents must be filed;
• what must be served;
• every deadline;
• what Cafcass or another professional must do;
• the next hearing date;
• and what the next hearing is intended to determine.

Confidentiality, sharing court papers and paid McKenzie Friend support

Can a litigant share family-court material with a McKenzie Friend?

Yes, for the purpose of obtaining advice or assistance in relation to the proceedings, subject to the court's directions and the applicable family-court confidentiality rules.

Practice Direction 12G expressly permits a party in children proceedings to communicate information relating to the proceedings to a McKenzie Friend for that purpose.

Confidentiality is part of the permission question

The judicial guidance specifically requires the proposed McKenzie Friend to understand the duty of confidentiality.

A court may restrict assistance where it is not satisfied that confidentiality will be respected.

Paid McKenzie Friend services

The Practice Guidance recognises that litigants can enter into lawful fee agreements for reasonable McKenzie Friend assistance, including advice and appropriate practical support.

Payment does not:

• turn the McKenzie Friend into a solicitor or barrister;
• make the business SRA-authorised;
• confer a right of audience;
• confer a right to conduct litigation;
• guarantee that the court will permit attendance;
• or guarantee any particular outcome.

Can McKenzie Friend fees be recovered from the other party?

The judicial Practice Guidance states that fees for ordinary reasonable McKenzie Friend assistance are not recoverable from the opposing party merely because the litigant chose to pay for that assistance.

Cost questions are fact-sensitive, but a client should not instruct a paid McKenzie Friend on the assumption that ordinary attendance fees will later be reimbursed by the opponent.

Conflict and personal interest

The proposed McKenzie Friend should not have an improper personal stake in controlling the litigation.

The court may be concerned where the supporter:

• is pursuing their own dispute through the litigant;
• has become personally hostile to the other party;
• is driving allegations the litigant does not themselves advance;
• is using proceedings for campaigning, publicity or another collateral purpose;
• or appears more interested in controlling the case than supporting the litigant.

McKenzie Friend versus IDVA / ISVA

An Independent Domestic Abuse Adviser or Independent Sexual Violence Adviser performs a different role.

PD27C expressly recognises their attendance as specialist support for a person who has experienced domestic or sexual abuse.

An IDVA or ISVA is not automatically a McKenzie Friend or legal representative.

Depending on the circumstances, a litigant may have different forms of support for different purposes.

Preparing to attend court with a McKenzie Friend

Do not make the first discussion about roles at the courtroom door.

Preparation should begin in advance.

What should be ready before court?

1. the hearing notice;
2. the latest sealed order;
3. the current bundle or relevant court papers;
4. any Cafcass or professional report;
5. the litigant's position statement;
6. a concise chronology where useful;
7. the important bundle page references;
8. a written list of orders or directions sought;
9. the McKenzie Friend's short CV or role statement if required;
10. and any correspondence notifying the court about the proposed attendance.

What should the litigant be ready to say at the start?

What if the judge asks the McKenzie Friend something directly?

A judge may ask a question about identity, role, experience, confidentiality or another practical matter.

Answering a direct judicial question about those matters is not the same as assuming an unrestricted right to advocate for the litigant.

Follow the judge's directions.

What if the court refuses or restricts attendance?

The hearing still belongs to the litigant.

The client should be prepared to proceed themselves unless the court orders otherwise.

That is one reason why JSH Law hearing preparation should not consist merely of the supporter knowing the case while the client remains unprepared.

25 questions to answer before the hearing

Primary sources and official guidance

1. Practice Guidance: McKenzie Friends (Civil and Family Courts) — the central judicial guidance on reasonable assistance, court control, confidentiality, rights of audience and remuneration.
2. GOV.UK — Children and the Family Courts: McKenzie Friend support — practical explanation for litigants in person about asking to have a supporter in court.
3. Practice Direction 12G — Communication of Information — communication of children-proceedings information to a McKenzie Friend for advice or assistance.
4. Practice Direction 14E — Communication of Information — communication of information in relevant family proceedings to lay advisers and McKenzie Friends.
5. Legal Services Act 2007 — section 12 — reserved legal activities.
6. Legal Services Act 2007 — Schedule 2 — meaning of reserved legal activities, including rights of audience and conduct of litigation.
7. Legal Services Act 2007 — Schedule 3 — statutory exemptions, including a court-granted right of audience for particular proceedings.
8. CILEX v Mazur & Others [2026] EWCA Civ 369 — current Court of Appeal authority on the statutory meaning of carrying on the conduct of litigation.
9. Practice Direction 36Z — Child Focused Court — expressly recognises that a party may choose to be accompanied by a McKenzie Friend subject to the applicable guidance.
10. Practice Direction 27C — Attendance of IDVAs and ISVAs — distinguishes specialist domestic and sexual-abuse support from McKenzie Friend assistance.
11. Practice Direction 3AB — prohibited cross-examination in person and the QLR process where applicable.