Vulnerable Families

This chapter discusses the vulnerability of parents and children who find themselves in the family court. Pre-existing vulnerabilities are likely to be amplified by the stress of the proceedings. The Family Procedure Rules (FPR) Part 3A place a duty on the court to consider whether the quality of evidence given by a party or witness is likely to be diminished by reason of vulnerability and, if so to decide whether it is necessary to make one or more participation directions such as the provision of support through an intermediary, provision of a communication device, or protective strategies to prevent litigants from encountering each other during hearings. Experts need to ensure that their approaches are adapted to take account of and make reasonable adjustments for vulnerabilities such as physical impairments, intellectual challenges, mental health conditions and substance misuse. The results of formal testing need to be viewed with a degree of scepticism since numerical data may easily be attributed greater significance than is warranted, particularly when tests have been devised for other purposes and populations. Supervision is an important adjunct to reflective and safe practice.