Special measures: Re M (A Child) and practical tips

Chloe Branton Parklane Plowden Chambers

The use of special measures in the family courts will be familiar to many practitioners but can sometimes be effectively forgotten about when preparing for hearings. In this article Chloe Branton discusses the recent case of Re M (A Child) [2021] along with considering other recent cases legislation and rules concerning domestic abuse allegations and finding of fact hearings. The importance of an effective ground rules hearing is considered along with the importance of conferences and preparation beforehand.

In this article Chloe outlines the duty of advocates (and the court) to consider special measures for participants and to consider which particular special measures are sought and why. Chloe goes on to discuss important considerations and practical tips for practitioners when representing complainants and alleged perpetrators in hearings where there are vulnerable participants. Within this article she also raises the difficulties that come from alleged perpetrators not necessarily having access to legal aid and the difficulties this presents when it comes to cross-examination of a vulnerable person.

To conclude the article Chloe discusses the potential role for technology in...

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