Understanding QLRs in Divorce and Family Proceedings

QLRs may at times be appointed in divorce and family proceedings. A QLR (Qualified Legal Representative) is someone appointed by the Court to conduct cross-examination in family proceedings on behalf of someone who is acting ‘in person’ – i.e. without using a lawyer to represent them.

Many people going through the Court system do not have a family lawyer. Most of the time this is because they cannot afford one and they are not, for reasons of legal aid having been dramatically cut back since 2013, eligible for publicly funded representation.

People representing themselves in Court present a problem where there are allegations of domestic abuse. Without divorce lawyers to do so on their behalf, alleged perpetrators would have to cross examine their alleged victim – meaning asking questions to challenge them on their evidence. This is likely to diminish the evidence given by that person as they may feel scared and under pressure. It can also constitute a continuation of abuse. To remedy this, the Domestic Abuse Act 2021 introduced the QLR.

Only a qualified barrister, solicitor, or fellow of CILEX (Chartered Institute of Legal Executives) can be a QLR. They need to have a current practicing certificate as well as experience in conducting advocacy. They must have undertaken vulnerable witness training.

QLRs are publicly funded. There are regulations setting out the rates they are able to claim – which are lower than the average cost for a legal representative working in a private practice. Further regulations are being introduced to allow them to claim travel expenses to/from Court.

The QLR is appointed by the Court and does not have a responsibility to the party they are appointed on behalf of. They must advance that person’s interests via their cross-examination but they do not have the traditional lawyer-client relationship. Their appointment ends once the cross-examination is over.

For these reasons, although they are a qualified lawyer, their role will be very different from that of a lawyer that the party has instructed to advise or represent them.

QLRs are not automatically used in every case or at every hearing where there are allegations of domestic abuse. Their sole purpose is to conduct cross-examination, and most hearings in the usual course of financial or children proceedings do not involve this.

When there will be cross-examination, a QLR is only appointed where:

1. A party to proceedings has been convicted of, charged for, or given a caution for a specific offence.
2. An on-notice protective injunction has been granted, protecting one party against the behaviour of the other.
3. There is evidence (of a specified type) that there has been domestic abuse between the parties.
4. The Court decides that the above a-c do not apply but nonetheless the evidence given by the party would be diminished or the person would be caused significant distress without a QLRs appointment and it is in the interests of justice to appoint them.

Before appointing a QLR, the Court must consider if there is a satisfactory alternative. The Family Procedure Rules 2010 at PD3AB paragraph 5.3 states that this does not include the Court itself conducting the cross-examination on behalf of the prohibited party – though in practice this has been (and continues to be) used as an alternative.

The recent case of Re Z (Prohibition on Cross-examination: No QLR) [2024] EWFC 22 reaffirms this and states that the Court must balance the appointment of QLRs with the need to ‘deliver a just, fair and timely conclusion to proceedings’.

As the number of available QLRs is currently very small (258 people as at the latest report in July 2023 – see Re Z para 20), in a lot of cases it is not going to be in the interests of the parties, particularly if the case involves children, to delay proceedings to wait for one to be available.

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This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.