As more people navigate family court proceedings without formal legal representation, understanding the role of a McKenzie Friend has become increasingly important. For individuals asking, What Does A Mckenzie Friend Do In UK, the answer centres on practical assistance, moral support and help with understanding court procedures—rather than acting as a replacement for a solicitor or barrister.
A McKenzie Friend is generally a layperson who assists someone representing themselves in court. The Courts and Tribunals Judiciary guidance confirms that a litigant receiving this support remains a litigant-in-person. A McKenzie Friend does not automatically have the right to conduct litigation or speak on behalf of the person they are assisting.
The role is particularly relevant in family proceedings, where individuals may need to manage case papers, prepare for hearings and understand procedural requirements while dealing with emotionally difficult circumstances.
What Is a McKenzie Friend?
A McKenzie Friend is someone who provides reasonable assistance to a person representing themselves in civil or family court proceedings. The arrangement can involve a trusted friend, family member or another person with relevant experience.
According to the official guidance, a McKenzie Friend may provide moral support, take notes, help with case papers and quietly advise the litigant about the conduct of the case.
The person receiving assistance does not hand over control of the case. Instead, they remain responsible for presenting their own position to the court and making decisions about their proceedings.
This distinction is important because the role is designed to support self-representation rather than create an informal substitute for professional legal representation.
What Does A Mckenzie Friend Do In UK Family Court Cases?
For people researching What Does A Mckenzie Friend Do In UK, the main responsibilities can be divided into several practical areas.
Providing Moral and Practical Support
Family court hearings can be stressful and unfamiliar. A McKenzie Friend can accompany a litigant and provide reassurance during the court process.
They may help the individual stay organised, understand what is happening and remain focused on the issues that need to be addressed.
Taking Notes
A McKenzie Friend can take notes during a hearing, helping the litigant maintain a record of important information.
Notes can be particularly useful when several directions, deadlines or procedural matters are discussed during a hearing.
Helping With Case Papers
Court cases can involve substantial paperwork. A McKenzie Friend may help organise documents and assist the litigant in understanding the papers relevant to the proceedings.
The official guidance specifically identifies help with case papers as one of the functions that a McKenzie Friend may perform.
Giving Quiet Advice
A McKenzie Friend may quietly provide advice concerning the conduct of a case. This can include helping the litigant identify issues they may wish to raise or questions they may want to ask.
However, the advice does not give the McKenzie Friend authority to take control of proceedings.
Helping Prepare for Hearings
Preparation can include reviewing documents, organising questions and helping the litigant understand the sequence of events expected at a hearing.
Government guidance also explains that a McKenzie Friend may help a person prepare their case and be present at court to provide support.
What Can a McKenzie Friend Not Do?
Understanding the limits is just as important as understanding the benefits.
A McKenzie Friend generally cannot act as the litigant's agent, manage the litigation on their behalf, sign court documents for them or address the court with oral submissions. They also cannot normally examine witnesses.
The government similarly states that a McKenzie Friend cannot speak for the litigant, interfere with proceedings or sign documents on their behalf.
In other words, the litigant remains the person responsible for their case.
In exceptional circumstances, a court may grant a layperson permission to exercise rights that they would not ordinarily have. Such permission is not automatic and should not be assumed.
Why Is the Role Becoming More Relevant?
The increased visibility of McKenzie Friends is closely connected with the wider issue of self-representation in the justice system.
The Judiciary has previously noted an increase in litigants-in-person and the corresponding importance of reasonable assistance from laypeople.
Government guidance also confirms that people can represent themselves in court and may be allowed to have someone assist them with note-taking and advice.
This creates a practical need for clear information about what support is permitted and where the boundaries lie.
The role has also attracted attention because some McKenzie Friends offer their services professionally for a fee. The Judiciary previously consulted on developments involving fee-paid or “professional” McKenzie Friends, reflecting broader discussion about how such assistance should operate within the court system.
What You Need to Know
Anyone considering a McKenzie Friend should understand several important points:
You remain responsible for your case. A McKenzie Friend assists you but does not automatically become your legal representative.
Court permission matters. In family proceedings, the court must agree to the person's attendance in the role. Government guidance advises litigants to inform the court and the other parent about their proposed McKenzie Friend.
The court can refuse assistance. Although reasonable assistance is ordinarily permitted, the court retains authority to restrict or refuse a McKenzie Friend where the interests of justice and fairness require it.
Confidentiality is important. The Judiciary's guidance expects a proposed McKenzie Friend to understand their duty of confidentiality.
A McKenzie Friend is not automatically a lawyer. They should not be treated as having the same regulatory status, professional obligations or rights as a solicitor or barrister.
Legal advice may still be appropriate. Someone can use a McKenzie Friend while also obtaining professional legal advice where necessary. GOV.UK recommends considering legal aid eligibility where relevant and obtaining legal advice for appropriate circumstances.
Frequently Asked Questions
What does a McKenzie Friend do in the UK?
A McKenzie Friend provides practical and moral assistance to someone representing themselves in court. They can take notes, help with case papers and quietly provide advice about the conduct of proceedings.
Can a McKenzie Friend speak for me in court?
Normally, no. A McKenzie Friend does not have an automatic right to address the court, make oral submissions or question witnesses. The litigant generally remains responsible for speaking for themselves.
Can a McKenzie Friend sign court documents?
No. The official guidance states that a McKenzie Friend cannot manage the litigant's case by, for example, signing court documents on their behalf.
Do I need the court's permission?
Yes. In family proceedings, the court must agree to the presence and assistance of a McKenzie Friend. The person wishing to use one should inform the court as early as possible.
Is a McKenzie Friend the same as a solicitor?
No. A McKenzie Friend is a layperson providing assistance to a litigant-in-person. Their role and rights are different from those of regulated legal professionals.
Can I choose a friend or family member?
A McKenzie Friend can be a person chosen to assist you, but the court may consider whether the proposed individual is suitable and whether their involvement could affect the fairness or efficient conduct of proceedings. The Judiciary recommends that proposed McKenzie Friends provide relevant information about their experience and confirm their understanding of confidentiality.
Looking Ahead
For individuals navigating family proceedings without representation, understanding the boundaries of support can make the court process easier to manage. The key question is not simply What Does A Mckenzie Friend Do In UK, but also how that support fits within the litigant's own responsibilities.
A McKenzie Friend can provide valuable practical assistance, but the role has defined limits. Anyone considering this form of support should understand the relevant court guidance, communicate appropriately with the court and seek professional legal advice when the circumstances require it.
About Maeadeolalaw
Maeadeolalaw provides legal information and support relating to family law and other legal matters. The organisation aims to help individuals better understand legal processes and make informed decisions about the assistance available to them. Information should be considered alongside the circumstances of each individual case, and professional legal advice should be obtained where appropriate.