Acting as a McKenzie Friend

Visitors may be able to support a person detained under immigration powers by attending court as a McKenzie Friend. The principles set out in a number of cases before the Court of Appeal, including McKenzie v McKenzie [1970] 3 W.L.R. 4, make it clear that a person in court who is not legally represented (a litigant in person) has the right to have a reasonable assistance from a layperson, sometimes called a McKenzie Friend (“MF”).

The Lord Chief Justice of England & Wales has described McKenzie Friends as “non-lawyer assistants” who provide “reasonable assistance...to litigants-in-person (LIPs) in respect of legal proceedings”m[1].

‘Reasonable assistance’ has not been defined, but it can include:

• Providing moral support for the litigant in person

• Taking notes during a hearing on behalf of the litigant in person

• Helping to prepare case papers such as a chronology

The clerk at the courtroom or hearing room should be asked if a visitor can attend in this capacity before the hearing starts, and the judge will decide whether to grant permission or not.

With a few exceptions, bail hearings for a person detained under immigration are heard via video link. AVID member groups have in the past tried to negotiate access to video link suites for visitors who are trained as McKenzie Friends but this has proved difficult. There may be a role for supporting a person detained under immigration powers held in prisons, who are usually produced in person at FTT IAC (First Tier Tribunal, Immigration and Asylum Chamber) hearing centres. Regardless of which estate they are held in, a person detained under immigration powers are also produced in person for asylum appeal hearings and deportation hearings.

If a person is unrepresented, having someone with them in court can be a huge support and is greatly appreciated. If they have a legal representative, a Mckenzie Friend may still have a role to play with the agreement of the representative. McKenzie friends have come under greater scrutiny recently, especially in the family courts, as a result of the severe cuts to legal aid under LASPO (Legal Aid, Sentencing and Punishment of Offenders Act 2012), and the rise of McKenzie Friends who charge for their services (sometimes called Professional McKenzie Friends).

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[1] Lord Chief Justice of England & Wales, (2016), ‘Reforming the courts’ approach to McKenzie Friends A Consultation’ Available at https://www.judiciary.gov.uk/wp-content/uploads/2016/02/mf-consultation-paper-feb2016-1.pdf