Court hearings and requests for special arrangements

Special arrangements for a family hearing should address the particular difficulty in participating or giving evidence. In England and Wales, the court considers participation directions under the Family Procedure Rules; measures should be raised early. ^[1]

Describe the barrier, not just the preferred equipment

Explain whether the concern involves seeing the other party, being questioned, waiting nearby, entering the building or communicating through an interpreter. State how this may affect your ability to understand questions or give an account. Screens and remote attendance address different problems and are not interchangeable.

Tell the adviser about disabilities, communication needs and earlier arrangements that helped or failed. If a supporter attends, clarify their permitted role; attendance does not necessarily authorise them to speak for you.

Check arrangements before the hearing day

Ask who will submit the request and how the court's decision will be confirmed. Check the notice, arrival arrangements and any instructions for a remote link. Avoid circulating a link or joining from somewhere the other party can overhear.

If the risk changes after arrangements are agreed, report the change instead of assuming the original request covers it. Police information in family proceedings may identify relevant existing restrictions; support organisations explains practical assistance that can sit alongside legal representation.

Explain how the difficulty affects participation Describe what happens when the relevant barrier arises: difficulty hearing questions, understanding complex language, speaking in the other party's presence or staying engaged during a long session. Give examples of what has helped previously and what has made matters harder. This allows the request to connect a practical measure with its intended effect. A general request for special treatment may leave the court without enough information to decide how participation or evidence would actually improve.

Practice Direction 3AA explains the assumption of vulnerability, for participation purposes, where the specified domestic abuse circumstances are stated. The court must then consider whether a participation direction is necessary. That framework is different from promising a particular arrangement automatically or treating the participation decision as a finding that every allegation has been proved. Ask the adviser how the relevant information should be brought to the court's attention at an early stage. ^[1]

Consider the whole hearing experience The difficulty may begin before anyone gives evidence. Travel, security checks, waiting, breaks and leaving the building can expose a person to unwanted proximity or prevent them from speaking privately with their representative. Explain the particular concern and ask which arrangements the court can make. Separate routes or waiting areas may depend on facilities and the court's decision. A screen used while giving evidence does not necessarily solve contact in a corridor or at the entrance.

Think about communication throughout the hearing as well. An interpreter, hearing support, accessible documents, regular breaks or adjusted questioning may address different needs. Explain any requirement to consult your representative during the session and whether a proposed measure would make that harder. A supporter may help practically, but their role and permitted attendance need clarification. The aim is to enable effective participation within the court's process, rather than to assume one piece of equipment answers every barrier.

Make remote attendance a practical proposal If requesting remote participation, explain why it would address the difficulty and how it could work. Consider privacy, a reliable connection, access to the hearing documents and the ability to communicate with your representative. Joining from a shared home or a place where someone can overhear may undermine the very protection requested. Tell the adviser about limitations instead of agreeing to remote attendance solely because it avoids travelling to the building.

Follow the court's instructions on joining and on who may be present. Do not forward a hearing link to friends as an informal way to obtain support, or make a recording without lawful authority. Ask what should happen if the connection fails or you cannot hear part of the proceedings. A technical difficulty that prevents participation needs to be brought to the court's attention; silently continuing can leave uncertainty about whether you understood a question or an important direction.

Verify the arrangements and raise any failure promptly Find out who will submit the request, what information is needed and how the court's decision will be confirmed. Keep the relevant directions with the hearing notice and check the practical instructions before the date. If something remains unresolved, identify the specific point to the adviser or court office. A request acknowledged by an office is not necessarily confirmation that the judge has directed the measure or that every facility has been arranged.

On the day, tell the appropriate staff or representative if the agreed arrangement is unavailable or no longer addresses the risk. Explain the immediate effect on your ability to participate, rather than assuming that nothing can be changed once the hearing begins. Afterward, record any difficulty relevant to a future hearing so the next request can be more precise. Participation needs may change with the type of hearing, the evidence to be given or a new safety concern; earlier arrangements should therefore be reviewed against the next actual event.