McKenzie Friend

A McKenzie friend is often used in court to provide support, including practical guidance to help individuals understand the legal process and navigate the court process better. This support can take the form of moral support or general assistance such as taking notes and helping with court papers. A McKenzie friend could also be used where one party is a victim of domestic abuse and feels that, without support, they will not be in a position to fairly participate in proceedings. A McKenzie friend can also be used in situations where a party is suffering from anxiety or stress and feels they could do with the extra support, as this can make a daunting and stressful experience more manageable and help bolster the litigant’s confidence during proceedings, or quite simply where one party may not be in a financially stable position to attend with legal representation.

In family court proceedings, a party who is not legally represented and is acting as a litigant in person in UK courts is generally entitled to support from a McKenzie Friend, whether through charities or professional McKenzie Friends, subject to the court’s discretion. However, McKenzie Friends do not have an independent right to provide assistance, and any support they give remains subject to the court’s approval and discretion. Parties who have the benefit of legal support and representation are unlikely to be provided permission for the use of a McKenzie Friend to provide them additional moral support, given that they have adequate representation and legal support.

Litigants assisted by McKenzie Friends remain ‘litigants-in-person,’ and the court retains the power to refuse assistance from a McKenzie Friend if it believes that the interests of justice do not require such support.

The role is called a McKenzie Friend and was established by McKenzie v McKenzie (1970). For example, the person helping may be a friend, family member, volunteer, or paid professional, but they are not a lawyer and cannot act as a formal legal representative. In this case, the husband who was initially legally represented was not able to continue with the representation prior to the hearing, due to financial difficulties. On the day of the hearing, Mr. McKenzie took along Mr. Hangar, who was a qualified barrister in Australia (a type of lawyer), but was not allowed to practice in England. The Judge ordered for Mr. Hangar to sit in the public gallery and only to discuss the case with Mr. McKenzie during the breaks or an adjournment.

Mr. McKenzie’s case did not go smoothly and as a result, he made an appeal to the Court of Appeal. The basis of the appeal was that he was denied representation and assistance at court. The Court of Appeal decided that the lower court had made an error and Mr. McKenzie was deprived of access to the assistance which he was allowed. Furthermore, a retrial of the original court was also ordered by the court of appeal. Since this case it was decided that a lay person can have the benefit of a McKenzie friend to support them during the proceedings. However, McKenzie Friends are not authorised to offer legal advice and cannot substitute for formal legal counsel..

McKenzie friend Guidance has been published in the form of Practice Guidance by Lord Neuberger of Abbotsbury, Master of the Rolls & Sir Nicholas Wall, President of the family division on 12^th July 2010. The guidance contains key information on McKenzie friends to illustrate what they can do. The McKenzie guidance specifically applies to civil and family proceedings and replaces the previous guidance in Practice Note (Family Courts: McKenzie Friends) (No 2) [2008].

Is this guidance still current?
Yes. The Practice Guidance: McKenzie Friends (Civil and Family Courts) was issued in July 2010 by the Master of the Rolls and the President of the Family Division, superseding the 2008 Practice Note. The Judicial Executive Board consulted on reform in February 2016, proposing to replace the Guidance with rules of court, introduce a code of conduct, and restrict fee recovery. That consultation was not implemented, and the 2010 Practice Guidance remains the framework governing McKenzie friends in court.

The Guidance confirms that a McKenzie friend can provide assistance and practical support, such as helping to organise documents and paperwork, but must remain passive during court proceedings. McKenzie friends cannot interfere or act without explicit permission from the judge, and they cannot act as advocates or carry out the conduct of litigation. The McKenzie friend guidance clearly states that McKenzie friends can provide reasonable assistance by way of:

1. Provide moral support for litigants. A McKenzie friend can sit with you at the front of the court as opposed to the back.
2. Take notes.
3. Help with case papers, including organising documents. Usually, papers in child proceedings are confidential and cannot be shown to other parties. However, such papers can be shown to your McKenzie friend and can be discussed with them. They can also assist you in getting your papers in the right order and help you find the right document.
4. Quietly give advice on any aspect of the conduct of the case. This includes reminding you of the things to say or discuss with you the points you need to raise or may have forgotten to raise.

The McKenzie friend guidance states that a McKenzie friend may not:

1. Act as the litigant’s agent within proceedings or represent them as their formal representative
2. Manage the litigant’s case outside court, i.e. by signing court documents or other official paperwork—only the litigant can sign documents for legal validity—or manage client funds
3. Address the court, make oral submissions, or examine witnesses, and the litigant in person must still make their own decisions throughout the case.

A McKenzie friend is allowed to attend court to support a litigant in person. However, the court retains the authority to refuse or limit such assistance if it deems it necessary for the proper administration of justice. If an objecting party opposes the presence or assistance of a McKenzie Friend, the court or the objecting party must provide sufficient reasons for refusing such assistance. These sufficient reasons are usually addressed at the start of the hearing, where the McKenzie Friend can be present to understand why they are being refused.

The guidance, as set out in the relevant practice direction, states that the following reasons are not good enough reasons for the refusal of a McKenzie Friend:

1. The case is simple, or the hearing is straightforward such as a direction hearing
2. The litigant appears capable of conducting the case without assistance
3. The litigant is not represented by their own choice
4. The other party is also not represented
5. The proceedings are confidential, and the McKenzie Friend may see confidential and sensitive information (however, in closed court or private hearings, the court retains discretion to allow or refuse a McKenzie Friend, taking into account the sensitive nature of the proceedings and the need to ensure fairness and justice)

In order to refuse a McKenzie friend the court must have a good reason. This would usually involve cases where the conduct of a McKenzie friend is undermining the administration of justice. This means where allowing such support is affecting the courts ability to carry out their role. The following may be deemed as good reasons for the refusal :

• Where the McKenzie friend is using the party they are supporting as a puppet. This is usually where they also know the other party in the family proceedings and indirectly maybe using the party they are supporting to provide unfair advantage to the other party or where they are likely to benefit themselves from the proceedings whether directly or indirectly.
• The McKenzie friend is conducting the case on behalf of the party. This could be directly by trying to advocate, or indirectly by getting their own points across which has no bearing in the case.
• Where a McKenzie friend is subject to civil proceedings the court may refuse them permission to participate in the proceedings.
• Where a McKenzie friend is unable to understand the duty of confidentiality and it is likely they are releasing confidential information either directly from the court proceedings or indirectly from the documents to other people who are not parties to the proceedings.

Such circumstances may be:

1. Where there are health problems with a litigant in person. This is where they may have issues with speaking to the court in front of the other party. This could be due to a medical reason or due to being as a result of any abuse they may have endured from the opposing party. They must also not be represented by a legal professional such as a Solicitor or Barrister which is usually due to funding issues.
2. Where the person is a close relative who is fully aware of your situation and can be seen as acting fairly and purely in your best interests without misleading the court.
3. If the court hearing is likely to be prolonged and delayed due to you having issues with struggling to communicate with the court despite with assistance, then the courts may allow the person to exercise rights of audience and speak to the court on your behalf.

People often associate McKenzie friends with only assisting in court, however such support can also be beneficial to you before you commence court proceedings. Having knowledgeable and experienced support can work wonders as well as helping you understand your case better. McKenzie Friend services can include helping with organising documents, providing practical support before court proceedings, and assisting you with completing forms and other court papers, especially in child arrangements and financial claims matters. They can also advise on the process ahead and give you information on how to best prepare your matter, which can help cover the practical steps before proceedings start. Despite you not having the financial ability to obtain legal representation you still may be in a position to positively affect the outcome of your family law matter.

A McKenzie friend does not need to be a family member or an actual friend. In fact, a solicitor, barrister, or someone with legal experience can act as a McKenzie friend. Some McKenzie Friends may be legally trained or have studied law, but they are not necessarily qualified solicitors or barristers. The legal system regulates the role of McKenzie Friends and distinguishes them from formally qualified legal professionals. If you are using a solicitor or a barrister, they will need to comply with the McKenzie friend guidance and as such may not be able to speak to the court on your behalf unless an application is made. The only person who cannot act as a McKenzie friend is a party to the family proceedings or an individual who is acting in the capacity of a witness.

Fee-charging McKenzie friends are lay people who charge for support within the limits of the Practice Guidance. They are not solicitors, they are not regulated, and they cannot represent you. Fees are usually lower than solicitors’ or barristers’ rates, and typically cover help with organising papers, research, form-filling and attendance at court for moral and practical support.

This is different from unbundled legal services, where a regulated solicitor is instructed for specific discrete tasks — drafting a statement, or advising on one issue — while you conduct the rest of the case yourself. With unbundling you get regulatory protection for the work done. With a fee-charging McKenzie friend you do not.

Two further points on cost: fees paid to a McKenzie friend cannot be recovered from the other party, whatever the outcome. Support Through Court (formerly the Personal Support Unit) provides free support to litigants in person, which is worth exploring before paying anyone.

At Kabir Family Law our specialists have a vast amount of knowledge in Family Law. Unlike other practices, we only practice family law. We therefore offer a niche service and provide a tailored approach to suit your personal matter. With extensive knowledge in the field, we can explain to you the hurdles you are likely to face and from the outside assisting you in devising a strategy to obtain the result you want to achieve. As well as equipping you with legal knowledge and information we can also assist you with your documentation. This includes assisting you in preparing your application, your witness statement, position statements as well as assisting you in preparing your bundle ahead of a hearing. We can also assist you with you filing your documents with the court and simplifying complex court orders and directions in a manner which is concise and easy for you to digest.

No. There is no regulator, no compulsory qualification, no required training and no minimum standard of experience. Anyone can act as a McKenzie friend. Some fee-charging McKenzie friends belong to voluntary membership bodies such as the Society of Professional McKenzie Friends or the McKenzie Friend Organisation. These are not regulators. Membership carries no statutory protection: there is no compensation fund, no ombudsman, and no guarantee of professional indemnity insurance. If something goes wrong, your only route is the ordinary civil courts. This matters most when money is involved. Before instructing anyone on a paid basis, ask directly what insurance they hold, what happens if they are unavailable on the day, and what redress you have if the work is poor.