David Burrows reviews the new rule in family proceedings covering evidence given by children & ‘vulnerable’ persons
- New Pt 3A in Family Procedure Rules covers evidence-giving and participation in proceedings of vulnerable persons.
- Assistance for vulnerable persons is also provided by common law.
- However, the quality of evidence may be ‘diminished’ by vulnerability (see eg the Youth Justice and Criminal Evidence Act 1999).
With effect from 27 November 2017, the Family Procedure Rules 2010 were amended to include FPR 2010 Part 3A entitled ‘Vulnerable persons: participation in proceedings and giving evidence’.
This is welcome; but may only affect those (a tiny minority?) who can afford the ‘measures’ which have to be paid for. And affording the ‘measures’ or not, Part 3A only deals with half the real issue. Children are ignored. And of that half, the measures proposed in the rules deal only with a small proportion of the real problems for vulnerable parties and witnesses in family proceedings. Family proceedings will still need to rely on the common law to ensure that such witnesses,
