Representing vulnerable parties and Article 6 of the Human Rights Act 1998: just how fair is a fair hearing in 2025?

Faye Edwards, No 5 Chambers

This article seeks to explore the difficulties that are emerging with both the identification of vulnerable parties and their ability to engage within proceedings. Particularly within Public Law Proceedings, many parties within the Court arena are some of the most vulnerable members of society and struggle with adverse mental health, additional needs, learning difficulties and are the victims of violence and abuse. This article explores the statutory approach as set out within the Family Procedure Rules against the very high threshold and firm approach the Court is taking when considering vulnerable parties. The guidance given by the High Court is explored in greater detail and what this means in practical terms for those within the Court arena and the onus that is placed on each of us to ensure Article 6 of the Human Rights Act 1998 is upheld.