A McKenzie Friend is a court-recognised non -legal form of support for someone who is unrepresented in court. He or she is not a formal legal representative and is not entitled to address the court without specific permission. Legal training is not required for a McKenzie Friend.

The role of a McKenzie Friend was recognised by court in the case McKenzie v McKenzie [1970] 3 WLR 472. This case is reproduced with the kind permission of The Incorporated Council of Law Reporting for England and Wales (http://www.lawreports.co.uk/).

There are 2 further official documents which offer guidance on McKenzie friends. Although they both make similar points, it is advisable to read through each one.

1. President’s Guidance: McKenzie Friends, by the President of the Family Division, dated 14th October 2009.
2. HMCS  : Guidance from the President’s Office – McKenzie Friends (undated)

Our "McKenzie Friending" is currently focus in the Magistrates Court and the County Court.

Who needs a McKenzie Friend?

People on low incomes often get into arrears with rent, council tax, gas and electricity. These arrears are often caused by various different factors, from mistakes in benefits to depression. You can read more on the factors that lead people into arrears in Casework – Their Stories.

Many people live on incomes well below the official poverty line which leads them into financial problems resulting in non payment of TV Licence, fare dodging and sometimes the truancy of their children. Unfortunately there is no legal aid for most of these cases and it is difficult to find free representation.

Having a McKenzie Friend to help the unrepresented when they go to court in the Magistrate courts and county courts make a huge difference to the outcome. Many who receive a summons are too afraid to turn up to court which results in an order for payment of the maximum fine which they cannot afford. This leads to fines enforcement by bailiffs which increases the fine further as bailiffs’ costs are added to it. Even those who do turn up have a poor command of English or simply do not have the confidence to explain their situation in court.

A McKenzie Friend can help someone with a summons by
•    giving them the courage to attend court
•    enabling them to explain their circumstances
•    helping to identify a defence where appropriate
•    guiding them round the court and the procedures
•    securing a sensible payment plan
•    taking notes

A single mother who had to go to court because of rent arrears (despite working, she could not afford the rent and her housing benefit was not enough to cover it). The landlord applied to the court for an order to evict her.

“ I was very scared and stressed over what would become of my children and me. On the day of the court hearing, I felt safe and supported and no longer afraid. I experienced a sense of belonging, and someone willing to spend their time and step in to guide me. I had never been to court before in my life, and all I expected was handcuff and jail, whilst my children were out in the cold. But my McKenzie friend gave me the support and prepared me on what to expect in court.”

In fact the McKenzie Friend helped to ensure that the landlord’s claim was thrown out and helped to negotiate an arrangement with the landlord.

We find that those who volunteer as McKenzie friends also benefit from the relationship. It is very rewarding to be able to provide this help and to see the difference it makes immediately. Some of those we have helped have gone on to help others in the same way. It is not necessary to have legal knowledge to be a McKenzie Friend, law students have found volunteering as McKenzie Friends to be most helpful in their studies because the practice of helping others in court teaches interviewing and people management skills. They also welcome the opportunity to see the court process in action.

One law student put it this way,

"Volunteering as a Mckenzie Friend is a great introduction to a career in legal aid; from the onset you are exposed to clients and you quickly learn how to adapt to each different case.
Whilst initially some of the cases can be quite daunting, you always have the full support of the other Mckenzie friends and the team in the office.

Being able to have the chance to help bring people out of some appalling situations is a fantastic feeling and there is no better way to learn, than dealing with real life situations."
 

McKenzie Friends beyond the Courts

We also use the concept of a McKenzie Friend to assist people outside the court system. A hearing is usually the final stage for a person with debt problems or fines. It is often much more helpful to resolve the issues before an issue reaches a court hearing by tackling the root causes of the debt/fine which can be a problem with benefit payments or helping to negotiate a sensible payment arrangement.

We and our volunteers become friends to those we help, speaking on their behalf to the statutory authorities, utility companies and other organisations – going with them to explain their situation.

• Many of those we help are intimidated not just by the courts but also by the whole complex system of statutory authorities particularly benefit agencies.
• Most of those we help have only PAYG mobile phones and do not have the means to top up their credit. They are often put on hold for many minutes by the statutory authorities which eats into their credit.
• Many are not articulate in English and have difficulties conversing over the phone and expressing themselves in writing.
• Most are severely depressed and are unable to help themselves without the support of someone who is on their side.

Our work is designed to help relieve the stress and mental illness caused by debt which has such a detrimental effect on everyone especially those families with children.

McKenzie Friends supporting immigration detainees