Tag Archive for: McKenzie Friend UK

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.

CAFCASS Official Website

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.

Support Through Court

4. Citizens Advice

Provides general legal information and guidance.

Citizens Advice

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


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.

The Rise of McKenzie Friends: Support, Risk, and the Reality in UK Courts | JSH Law

As more people navigate family court proceedings without legal representation, McKenzie Friends are becoming an increasingly visible part of the system. For many litigants in person, they offer practical support at a time when it is most needed. But while the right support can make a real difference, the wrong support can create serious and often irreversible consequences. Understanding that distinction—and where the risks lie—is now essential for anyone managing their own case.

Female litigant reviewing family court documents with McKenzie Friend support in UK courtroom setting
The Rise of McKenzie Friends: Support, Risk, and the Reality in UK Courts | JSH Law
Key Takeaways for Litigants in Person
  • McKenzie Friends can provide valuable support, but they are not legal representatives.
  • They operate outside formal regulation and oversight.
  • There is a wide variation in quality and experience.
  • Understanding their role — and its limits — is essential.
  • Used properly, they can strengthen a case. Used incorrectly, they can create risk.

The Rise of McKenzie Friends: Support, Risk, and the Reality in UK Courts

Over the past decade, the landscape of the family courts has changed significantly.

Increasing numbers of people are now navigating proceedings without legal representation. The reasons are well understood — rising legal costs, reduced access to legal aid, and the practical reality that many simply cannot afford traditional representation.

In response, a growing number of litigants in person have turned to McKenzie Friends for support.

For many, that support can be the difference between managing a case and becoming overwhelmed by it.

But as their presence in the courts has increased, so too has the need to properly understand what they are — and what they are not.

What Is a McKenzie Friend?

The concept of a McKenzie Friend originates from case law and is now an established part of court practice in England and Wales.

At its simplest, a McKenzie Friend is someone who provides support to a litigant in person during legal proceedings.

That support can include:

  • Taking notes in court
  • Helping organise documents
  • Assisting with preparation
  • Providing quiet guidance during hearings

They may sit beside you in court and help you stay focused and organised.

But their role is limited.

They are not your representative.

They do not automatically have the right to address the court, they cannot sign documents on your behalf, and they do not conduct litigation.

This distinction is fundamental.

Why Their Use Has Increased

The increase in the use of McKenzie Friends is not accidental.

It reflects a wider shift in access to justice.

Legal representation is, in many cases, expensive. For some, it is simply out of reach.

At the same time, the complexity of family proceedings has not reduced.

The result is a growing number of individuals who are expected to manage legally complex situations without formal support.

In that context, it is entirely understandable that people seek assistance where they can find it.

McKenzie Friends have emerged as part of that response.

The Benefit — and Why It Matters

When used properly, a McKenzie Friend can provide genuine value.

They can:

  • Help you stay organised
  • Improve how your case is prepared
  • Support you during stressful hearings
  • Provide clarity where the process feels overwhelming

For many litigants in person, particularly in emotionally demanding cases, that support is not just helpful — it is essential.

It can increase confidence, improve presentation, and make the process more manageable.

The Other Side of the Picture

However, the growth of this sector has also highlighted a more difficult reality.

There is no single standard for who can act as a McKenzie Friend.

Unlike solicitors or barristers, they are not subject to:

  • Formal qualification requirements
  • Regulatory oversight
  • Mandatory professional insurance

This creates a wide variation in the quality of support available.

Some individuals operate with care, structure, and a clear understanding of their role.

Others may not.

Where Risk Can Arise

The risk is not simply about competence.

It is about structure.

Problems tend to arise where the boundary between support and control becomes unclear.

For example:

  • Where decisions are effectively made for the litigant
  • Where communication is handled on their behalf
  • Where the case begins to feel as though it is being “run” by someone else

This is rarely intentional.

It often develops gradually.

But when it happens, it can affect both the integrity and the perception of the case.

There is also a very real, practical cost where support is poorly structured. What may initially appear to be a cheaper or more accessible option can, in some cases, lead to significant financial and personal loss. This can arise where a McKenzie Friend has little or no legal experience, offers services without clear boundaries, or operates without any form of professional accountability. Warning signs can include a lack of onboarding or written agreement, no clear explanation of their role, no insurance, and a tendency to take control rather than support. In those circumstances, mistakes are not just procedural—they can affect outcomes. Poorly drafted documents, missed deadlines, or misguided strategic decisions can result in prolonged proceedings, increased costs, and in some cases, irreversible damage to a person’s position. The reality is that in litigation, the consequences of getting it wrong are not theoretical—they are measured in time, money, and outcomes that cannot always be undone.

The Variation in Experience

Another factor to consider is the variation in experience across the sector.

Some McKenzie Friends bring years of practical exposure to court processes.

Others may have very limited experience.

Without formal standards, it can be difficult for a litigant to distinguish between the two.

This places an additional responsibility on those seeking support to ask the right questions and make informed decisions.

Practical Safeguards

If you are considering using a McKenzie Friend, there are some simple steps that can help protect your position:

  • Ask about their experience and background
  • Understand clearly what they will and will not do
  • Ensure you remain in control of your case at all times
  • Keep all arrangements clear and documented
  • Be cautious of anyone presenting themselves as a substitute for a solicitor

These steps are not about limiting support.

They are about ensuring that support is used properly.

The Balance That Needs to Be Struck

There is a clear tension within this space.

On one hand, access to justice requires that people are able to obtain support.

On the other, there is a need to ensure that support does not become something it is not intended to be.

Finding that balance is essential.

Support should strengthen your position, not compromise it.

Final Thoughts

The rise of McKenzie Friends reflects a system under pressure.

It also reflects the adaptability of those navigating it.

For litigants in person, the key is not whether to seek support.

It is how that support is structured.

Used correctly, it can be a significant advantage.

Used without clarity, it can introduce unnecessary risk.

Understanding that distinction is one of the most important steps you can take in protecting your case.

Need Structured Support With Your Case?

If you are navigating proceedings as a litigant in person and want clear, structured support that strengthens your case while keeping you in control, you can book an initial consultation below.


Regulatory & Editorial Notice: JSH Law Ltd is not a firm of solicitors and does not provide regulated legal services. This article is for general information and commentary only and does not constitute legal advice.