Participation Directions & Special Measures in Family Court
— A practical guide to participation directions and special measures in Family Court. Learn how vulnerability, domestic abuse, communication difficulties and other barriers can affect participation, what measures the court can consider, how to request them, what happens at a ground rules hearing and how cross-examination protections work.
Participation directions & special measures in Family Court: making sure you can actually take part
A fair hearing requires more than being physically present. A party or witness needs to be able to understand what is happening, communicate with the court, give evidence effectively and participate without vulnerability unnecessarily reducing their ability to do so.
Family Procedure Rules Part 3A allows the court to make participation directions — including practical and evidential measures designed to address the particular barrier affecting a party or witness.
What is a participation direction?
Under FPR Part 3A, a participation direction can be a general case-management direction designed to help a person participate or give evidence, or a direction providing one or more of the specific measures identified by the rules.
Taking part in the proceedings
Can the person understand what is happening, communicate their position, instruct any representative and attend the hearing without vulnerability significantly diminishing their ability to participate?
Giving reliable evidence effectively
The rules consider the quality of evidence in terms of completeness, coherence and accuracy. A participation direction can address barriers affecting how evidence is given and understood.
The measure can affect how the hearing is run
Participation directions are not confined to screens or video links. The court can also use case-management powers concerning timing, structure, language and practical arrangements.
Do not start with “I want special measures” — start with the barrier
The most useful request explains what is making participation difficult, how that difficulty affects the hearing and what practical measure could address it.
What makes participation or evidence difficult?
What happens to understanding, communication or evidence?
What practical adjustment could reduce that difficulty?
How should it work at this particular hearing?
Does it still work if the hearing type or evidence changes?
What kinds of barriers can the court consider?
Part 3A does not reduce vulnerability to a single diagnosis. The court considers the individual person, the issues in the proceedings and how those circumstances affect participation or evidence.
Instead of saying only “I have anxiety”, “I am dyslexic” or “I am vulnerable”, explain what happens in the court environment: for example, difficulty processing rapid questions, inability to communicate while facing another party, or loss of concentration during long uninterrupted evidence.
Victims of domestic abuse do not have to prove vulnerability before the court considers participation directions
Where it is stated that a party or witness is, or is at risk of being, a victim of domestic abuse carried out by a relevant party, relative of another party or witness, FPR 3A.2A requires the court to assume for this purpose that their participation and/or quality of evidence is diminished.
It triggers consideration of measures
The court must consider whether one or more participation directions are necessary. The person can request that the assumption should not apply to them.
It is not a finding of domestic abuse
PD3AA expressly limits the assumption to the question of participation directions. It does not decide whether disputed allegations are proved for another purpose.
The court still decides which measures are needed
Automatic eligibility for consideration does not mean every person needs the same screen, live link or hearing arrangement.
A participation direction helps the person take part in proceedings. Questions about whether domestic abuse occurred, risk to the child and future Child Arrangements Orders are determined through the relevant evidence and safeguarding framework.
Possible participation directions and practical measures
The correct measure depends on the barrier. Part 3A identifies specific measures and PD3AA also allows the court to use wider case-management powers to facilitate participation.
Screens or another arrangement preventing sight
The court can direct a measure preventing a party or witness from seeing another party or witness where that would improve participation or evidence.
Participating or giving evidence remotely
Part 3A expressly includes live-link participation. Whether it is appropriate depends on the person, hearing, available facilities and the court's decision.
A device or communication aid
The court may provide for a party or witness to use a device to assist communication.
Assistance communicating questions and answers
An intermediary can assist communication by conveying and, where necessary, explaining questions and answers so that they can be understood.
Timing, breaks and order of proceedings
The court can manage the structure and timing of a hearing so that vulnerability does not unnecessarily reduce participation.
Less formal or clearer communication
PD3AA expressly recognises that the formality of language used in court may need to be addressed as part of the participation arrangements.
Separate waiting areas
Where facilities allow, parties can be enabled to use different waiting areas to reduce fear, distress or unwanted contact before and during the hearing.
Different routes into or out of court
PD3AA recognises that separate routes through the court building may be appropriate where facilities permit.
Control how evidence is tested
Where a vulnerable person gives evidence, the court can direct how questioning should be conducted, including topics, repetition and who puts questions.
Part 3A requires the court to consider availability. If a measure is considered necessary but is unavailable, the court must record why it is unavailable. In some circumstances the court can sit at another convenient location where the measure is available.
Turn the vulnerability issue into a usable hearing plan
A useful participation request connects each difficulty to a practical solution. This illustrative plan shows how to think about the hearing from arrival to departure.
Arrival and waiting
Is unwanted contact in the entrance or waiting area likely to cause fear or reduce the person's ability to participate before the hearing even starts?
Seeing and hearing the other party
Would screens, seating arrangements or live-link participation address the identified barrier?
Understanding what is happening
Does the person need clearer language, additional time, breaks, a communication aid or intermediary assistance?
How should questioning work?
If oral evidence will be given, consider the ground rules, question structure, breaks and any prohibition on direct cross-examination.
Leaving safely and understanding the outcome
Consider separate departure arrangements and whether sufficient time is needed to understand the order and next procedural steps.
The party reports being unable to concentrate or communicate effectively when waiting or sitting close to the other party.
Where court facilities permit, the parties use separate waiting areas and avoid unnecessary contact before the hearing.
A screen or appropriate seating arrangement prevents direct sight while preserving the ability of the judge and relevant participants to conduct the hearing fairly.
The court uses clear language and short breaks at identified points so the party can process information and continue participating effectively.
Questioning is planned in advance where appropriate, unnecessary repetition is avoided and the court considers any additional direction needed for cross-examination.
The arrangements remain under review because a directions hearing and a fact-finding hearing may create different participation needs.
How do you ask the Family Court for participation directions?
Part 3A allows the issue to be raised in the application starting proceedings or during the case through the appropriate application procedure. The court can also make participation directions of its own initiative.
Describe the barrier and how it affects participation or the giving of evidence.
Specify the practical arrangement rather than asking only for unspecified “special measures”.
PD3AA asks why the measure would improve participation and, where relevant, the quality of evidence.
Screens, live links, intermediaries, waiting arrangements and ground rules may require advance case management.
A ground rules hearing should address how that evidence will be taken
PD3AA provides that where the court has decided a vulnerable party, vulnerable witness or protected party should give evidence, there shall be a ground rules hearing before the hearing at which evidence is heard. It does not necessarily have to be a separate court hearing.
Who asks questions?
The court can consider whether questions should be put by one advocate alone or, where appropriate, by the judge.
What questions are permitted?
Topics or questions may be agreed before the hearing so that questioning remains appropriate and focused.
Avoid unnecessary repetition
The court can direct that a question already asked by one advocate should not simply be repeated by another without permission.
How is the evidence managed?
The court can address breaks, communication needs, the form of evidence and other arrangements required to support effective evidence.
Participation directions are not the same as prohibiting cross-examination in person
If one party might otherwise directly cross-examine another person, separate statutory rules under Part 4B of the Matrimonial and Family Proceedings Act 1984 and PD3AB may apply.
Some circumstances prohibit direct cross-examination automatically
The statutory regime identifies specified circumstances involving offences, domestic abuse evidence and other qualifying situations in which a party may not cross-examine the relevant witness personally.
The court can prohibit it in additional cases
Where the automatic provisions do not apply, the court can still give a direction prohibiting in-person cross-examination if the statutory conditions are met.
The court then considers how the evidence will be tested
If there is no satisfactory alternative and the interests-of-justice test is met, the court can appoint a qualified legal representative for the limited purpose of conducting the cross-examination.
Visual separation and the identity of the person legally permitted to conduct cross-examination are different questions. Raise both issues before an evidential hearing.
An IDVA or ISVA can have a specific right to attend with the person they support
Practice Direction 27C makes specific provision for Independent Domestic Violence Advisers and Independent Sexual Violence Advisers attending Family Court hearings.
They can provide support
This can include practical, emotional and moral support, explaining the court process and helping the person engage with relevant services.
They are not the legal representative
PD27C expressly distinguishes an IDVA or ISVA from a legal representative or McKenzie Friend. Their attendance performs a different function.
Identify them to the court
Where possible, the adviser should be identified in advance, including their name, organisation and confirmation that the party wants them present. The court retains a power to direct otherwise in the interests of justice.
A live link can be a participation measure — but remote attendance is not automatically the answer
Identify what problem it solves
Explain whether physical presence causes intimidation, significant distress, communication difficulty or another barrier affecting participation or evidence.
Consider the hearing itself
The court considers whether the proposed arrangement enables effective participation, fair questioning, communication with representatives and proper management of the evidence.
Do not assume every hearing requires the same solution
A live link may be appropriate for one evidential hearing while a different arrangement may work better at another procedural stage.
From “I am too anxious to face court” to a participation issue the judge can manage
This fictional example demonstrates the difference between identifying distress and giving the court enough information to consider practical participation directions.
The party says seeing the other party in the waiting area and courtroom causes acute distress and makes it difficult to listen, speak and process questions.
The concern is not simply discomfort. The party says they lose concentration, struggle to give instructions and become unable to answer questions coherently.
The request identifies separate waiting arrangements and a screen or appropriate alternative within the courtroom.
Because oral evidence will be given, the party asks that the court address questioning, breaks and any other necessary direction before evidence begins.
The participation directions address how the hearing is conducted. The factual allegations remain to be determined on the evidence.
The arrangements are reviewed before later hearings because the demands of a short directions hearing may differ from a final or fact-finding hearing.
Participation directions should remain under review throughout the proceedings
The duty begins early
Part 3A requires vulnerability and participation issues to be identified as soon as possible rather than waiting until the person is already struggling in an evidential hearing.
The court can vary the arrangements
A measure suitable at one stage can be varied or revoked if circumstances, hearing format or participation needs change.
The reasons should appear in the order
In proceedings involving a vulnerable person or protected party, Part 3A requires the court to record reasons for making, varying, revoking or deciding not to make relevant directions.
If the judge makes participation directions, check that the practical arrangements are actually reflected in the order — particularly before an evidential hearing where screens, live links, intermediaries or ground rules require advance organisation.
After a Family Court Hearing: Orders, Deadlines & Next Steps →
Participation-direction preparation check
The goal is to give the court enough practical information to make arrangements before the problem interferes with the hearing.
Worried that vulnerability, domestic abuse or communication difficulty will affect your ability to take part in Family Court?
Start with the next hearing notice or sealed order, the participation difficulty and the practical measure you think may help. JSH Law can help organise the issue clearly before the hearing and connect it to the relevant procedural framework.
I do not know what to ask the court for
Identify the barrier, how it affects participation and which practical measures may address it.
Family Court Navigation →Domestic abuse or safeguarding is involved
Separate the participation issue from the underlying safeguarding evidence and identify what the court needs to address at the next stage.
Safeguarding & Cafcass Support →I need an application or position statement prepared
Set out the participation issue, measure sought and reasons in focused court material.
Court Document Support →I have an evidential hearing coming up
Prepare the hearing plan, documents, participation arrangements and issues that need to be raised before evidence begins.
Hearing & McKenzie Friend Support →You do not need to explain the entire case first. Start with the next hearing, the difficulty affecting participation and any directions the court has already made.
Book a 15-minute initial consultationRules and official guidance
Participation needs are individual and case-specific. These are the principal rules and Practice Directions governing vulnerability, participation, domestic abuse and cross-examination in Family Court proceedings.
Practical family-court guidance designed to help you understand what matters next
This participation-directions guide sits within a wider library of JSH Law resources for litigants in person. The aim is not to overwhelm you with procedural terminology, but to help you identify the barrier, understand the available court measures and prepare proportionately for the hearing ahead.
Evidence-led
Guidance distinguishes allegations, evidence, professional opinion and court findings and encourages important conclusions to be traced back to their source.
Procedurally grounded
Resources connect practical preparation with the Family Procedure Rules, Practice Directions, court orders and the procedural stage of the case.
Accessible by design
Content is structured for clarity on phone, tablet and desktop, with focused sections intended to reduce unnecessary complexity and information overload.
Clear & practical
The emphasis is on plain English, usable preparation and identifying what you may need to do next — without oversimplifying the law or evidence.
This participation-directions guide is one part of the wider JSH Law resource library. Browse practical guidance on safeguarding, evidence, hearings, court documents, applications, Cafcass and case preparation.
Browse All ResourcesThis guide provides general legal and procedural information about vulnerability, participation directions and special measures in Family Court proceedings in England and Wales. It is not individual legal advice and does not determine what measures will be appropriate or available in a particular case.
Participation directions do not determine whether an allegation is proved or whether one party's substantive case is correct. Their function is to assist effective participation and the giving of evidence within a fair hearing.
Different issues can engage different procedural regimes. Participation directions under Part 3A, prohibition of cross-examination in person under PD3AB, attendance of IDVAs or ISVAs under PD27C and safeguarding decisions under PD12J should not be treated as interchangeable.
The practical availability of measures can depend on the court building, technology, hearing format and advance notice. Raise participation issues as early as possible and check the latest sealed order before each substantive or evidential hearing.
JSH Law Ltd provides non-reserved legal services, litigation support and McKenzie Friend assistance. JSH Law Ltd is not authorised or regulated by the Solicitors Regulation Authority and does not conduct litigation or provide reserved legal representation on your behalf. Litigants in person remain responsible for their proceedings, deadlines, filing, service and compliance with court orders unless a lawful task has expressly been agreed otherwise.
Procedural position reviewed: September 2026.
