Z (Prohibition on Cross-examination: No QLR), Re
| Court | Family Court (EW) |
| Judge | Sir,Rew |
| Neutral Citation | [2024] EWFC 22 |
| Date | 09 February 2024 |
| Year | 2024 |
Neutral Citation Number: [2024] EWFC 22
IN THE FAMILY COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 09/02/2024
Before :
The Rt Hon Sir Andrew McFarlane
President of the Family Division
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RE: Z (Prohibition on Cross-examination: No QLR)
Hearing dates: 25 & 26 October 2023
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Approved Judgment
.............................
This judgment was delivered in private [and a reporting restrictions order OR transparency
order is in force]. The judge has given leave for this version of the judgment to be published
on condition that (irrespective of what is contained in the judgment) in any published version
of the judgment the anonymity of the children and members of their family must be strictly
preserved. All persons, including representatives of the media and legal bloggers, must
ensure that this condition is strictly complied with. Failure to do so may be a contempt of
court.
Page 1
Sir Andrew McFarlane P:
1. This judgment, which follows a substantive judgment given at the conclusion of a
fact-finding hearing, considers the approach that a judge or magistrates sitting in the
Family Court should adopt when the court has directed that a Qualified Legal
Representative [‘QLR’] should be appointed for a party in accordance with Part 4B of
the Matrimonial and Family Proceedings Act 1984 [‘MFPA 1984’], yet, despite a
diligent search by the court office, no QLR can be found.
2. In November 2023 I conducted a fact-finding hearing in private law proceedings
under CA 1989, s 8 at the Family Court in Newcastle upon Tyne involving the parents
of Z (randomly chosen letter), a girl aged 3 years. The principal factual issues related
to alleged sexual abuse of Z by her father. Each party also raised allegations of
coercive and controlling behaviour against the other. Before me each of the parents
appeared as a litigant in person. The mother had the benefit of a legal aid certificate,
but, having recently parted company with her solicitors, she was intent on
representing herself and did not accept the court’s invitation to apply for an
adjournment.
3. By an order dated 28 September 2023 the court directed that the matter be listed for a
two-day fact-finding hearing. In addition to other case management directions, the
judge ordered the court to appoint and arrange for a QLR to cross examine the mother
on the father’s behalf in circumstances where there were contested allegations of
domestic abuse. I was told that, thereafter, the court office in Newcastle had
undertaken no fewer than 120 different communications by email or telephone in an
attempt to find a QLR, yet none could be found who was willing or available to take
on the case. At the commencement of the hearing, I considered whether to adjourn so
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1 cases
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HM v HF
...could put his case to the Applicant was for me to ask her his questions under the guidance of the President in Re Z (Prohibition of Cross-Examination: No QLR) [2024] EWFC 22. I record here that all the questions put forward by the Respondent were appropriate and I asked additional questions......
