As Society has gained an increased understanding of domestic abuse, the law has adapted to protect and support victims and alleged victims.  Amongst other things, this has led to the introduction of a “Qualified Legal Representative” or “QLR”,  in Family Court proceedings.

Anyone who is currently involved in Court proceedings relating to children, domestic abuse, or certain other family issues, may come across the issue of a QLR being appointed.

The Government has recently introduced new rules and laws to prevent perpetrators of domestic abuse from being able to directly question victims or alleged victims or abuse, in the context of Family Court proceedings.

It may be that during the course of proceedings, one or more of the parties must give oral evidence and the person giving their testimony can then by questioned by the other parties to the case in a process known as Cross Examination. If the parties are legally represented, this would usually be undertaken by a Solicitor or Barrister.

However, it is increasingly common that one or more of the parties to family proceedings are unrepresented, usually due to choice, the costs of private funding, or being ineligible for Legal Aid. It is in these circumstances that the new rules intend to prevent victims or alleged victims from being directly questioned or challenged by the alleged perpetrators.

The rules will also cover the reverse circumstances, to prevent victims or alleged victims from having to ask questions directly of the perpetrator.

These rules will generally apply when one party has been cautioned, charged, or convicted for certain offences which have been perpetrated against the victim.  This may also be applicable where the evidence of one of the parties is that they are a victim of domestic abuse perpetrated by the other party.  Whilst the circumstances in which a QLR may be appointed are complex, the purpose of these new rules is to prevent victims and perpetrators of abuse from directly challenging one another on their evidence.

If a QLR is appointed, their role may not be entirely clear for the parties, especially as they have a substantially different task from that of a lawyer instructed by one of the parties to the proceedings.

The QLR is not to undertake any advisory role or prepare documents on behalf of a party.  Their primary purpose is to act as a conduit for one of the respective parties, to put questions to one of the parties on behalf of the victim or perpetrator.

The QLR will be an independent lawyer who has the qualifications and experience to appear before the Court and put questions forward on behalf of a party and their function will be limited to a specific hearing or trial.

The cost of the qualified legal representative will borne by the Legal Aid Agency, to ensure that the parties are not financially disadvantaged whilst also enabling the parties to give better evidence.

The decision has been welcomed by family lawyers, as a protective measure for victims of abuse, but the circumstances of when a QLR may be needed can be complex, and parties to proceedings should seek legal advice at the earliest opportunity.

If you or anyone you know would like advice in relation to family law proceedings, please contact our family team, or call us on 01206 835300.