Disclosure by litigants in person

In re G (a child) (litigants in person) CA TLR 31 July

The President of the Family Division and Lord Justice Thorpe expressed their concern that at a time when legal aid in family proceedings was shrinking, rule 4.23 of the Family Proceedings Rules 1991 inhibited litigants in person in seeking assistance and support. It provides: ‘(1) Notwithstanding any rule of court to the contrary, no document, other than a record of an order, held by the court in relating to proceedings to which this Part applies shall be disclosed, other than to: (a) a party; (b) the legal representative of a party; (c) the guardian ad litem; (d) the Legal Aid Board; or (e) a welfare officer, without the leave of the judge or a district judge.’ A litigant in person should be entitled to seek legal advice and general assistance more widely than was contemplated by the wording of rule 4.23, for instance from the RCJ Advice Bureau, or similar organisations based at other courts or the Citizens Advice Bureau or, in some cases, the personal support unit. There were other organisations which a litigant might wish to approach to seek advice. Any amendment or addition to rule 4.23 required careful thought and the rules Committee ought to consider modernising the FPR so as to allow a litigant in person to obtain sensible advice about his case without having to seek the court’s permission. Consideration should also be given to whether prior permission is necessary before a litigant could approach Families Need Fathers, disclose details of his case to a McKenzie friend or approach a mediation service or a registered parenting charity. In the meantime there appeared to be no objection in principle for a litigant to give his advisers non-identifiable information about a problem which affected himself and his family.