What is a McKenzie Friend?

If you are going through the family court without a solicitor or barrister, you may hear the term “McKenzie Friend”. It can sound like a formal legal role, but it is actually much simpler than that.

A McKenzie Friend is a person who can provide practical and emotional support to someone representing themselves in court. They are often used by litigants in person — people who are involved in a court case but do not have a lawyer acting for them.

A McKenzie Friend is not automatically a lawyer, and having one does not mean that someone else takes over your case. You remain responsible for presenting your own case to the court.

What can a McKenzie Friend do?

The courts have published guidance explaining the role of a McKenzie Friend. The guidance says that a McKenzie Friend may provide reasonable assistance to a litigant in person.

This can include:

• Providing moral support — family court proceedings can be stressful, and having someone beside you can make the experience easier to manage.
• Taking notes during hearings.
• Helping with case papers — for example, helping you organise documents so that you can find the information you need.
• Quietly giving advice about the conduct of the case, including points of law or procedure and matters you may want to raise with the court.

The important word is “help”. The McKenzie Friend is there to support you rather than replace you.

The official guidance describes a litigant assisted by a McKenzie Friend as remaining a litigant in person.

What can't a McKenzie Friend do?

There are also important limits to the role.

A McKenzie Friend does not normally have the right to:

• speak to the judge on your behalf;
• make arguments or submissions to the court;
• question witnesses;
• sign court documents for you;
• act as your agent in the proceedings; or
• take over the running of your case as though they were your legal representative.

In simple terms, you are still the person presenting your case.

There are circumstances in which a court can grant a layperson permission to speak to the court or carry out certain aspects of litigation. This is separate from the ordinary role of a McKenzie Friend and is considered by the court on a case-by-case basis. It should not be assumed that a McKenzie Friend has these additional rights.

Does a McKenzie Friend have to be a professional?

No. The term describes a role, rather than a professional qualification.

A McKenzie Friend could be someone you already know, such as a friend or family member. It can also be someone who has experience helping people through court proceedings.

Some people offer McKenzie Friend services professionally, sometimes for a fee. The fact that someone describes themselves as a professional McKenzie Friend does not, by itself, make them a solicitor or barrister.

This distinction matters because McKenzie Friends are not a substitute for a regulated legal professional. Their experience, knowledge and approach can vary considerably.

If you are considering using someone as a McKenzie Friend, it can therefore be useful to understand exactly what support they provide and what their role will be.

Do you need permission from the court?

The position is slightly different from simply bringing a friend along to an ordinary appointment.

Family court hearings can take place in private, particularly where children and sensitive family information are involved. The court therefore has a role in deciding whether a particular person can attend as a McKenzie Friend.

The current government guidance for people making applications concerning children says that you should tell the court if you want a layperson or McKenzie Friend to attend. The court can refuse permission in some circumstances.

The Judiciary's guidance says that litigants ordinarily have a right to reasonable assistance from a McKenzie Friend, but the court retains the power to refuse or limit that assistance where this is necessary in the interests of justice or the fair and efficient running of the proceedings.

This does not mean that a court will automatically refuse a McKenzie Friend simply because the case is complicated, sensitive or involves children. The circumstances of the individual case matter.

Is a McKenzie Friend the same as a solicitor?

No.

A solicitor or barrister is a regulated legal professional with professional duties and responsibilities. A McKenzie Friend is a person providing assistance to someone representing themselves.

A McKenzie Friend may have considerable experience of family court proceedings, but experience is not the same thing as legal qualification or regulation.

This is particularly important when you are dealing with complicated issues or documents. A McKenzie Friend can support you, but you should be clear about the limits of their role and avoid assuming that something is legally correct simply because they say it is.

Why do people use McKenzie Friends?

Family court proceedings can involve unfamiliar procedures, large amounts of paperwork and difficult conversations. Having another person beside you can provide practical support as well as reassurance.

For some people, the main benefit may simply be having someone take notes while they concentrate on what is happening. For others, it may be help organising documents or quietly reminding them about something they wanted to raise.

The right support will depend on the person, the case and what assistance is actually needed.

A useful distinction to remember

The simplest way to think about a McKenzie Friend is:

They support you; they do not normally represent you.

You remain the litigant in person. You are still the person responsible for communicating with the court and presenting your case, unless the court has separately granted another person permission to exercise a particular right.

The Courts and Tribunals Judiciary continues to publish its McKenzie Friend guidance, while government family court guidance also explains the role for people representing themselves. Because court procedures can change, it is sensible to check the current official guidance when dealing with a live case.