Pursuing family justice before, during, and after the COVID-19 pandemic: the changing role of Legal Companions and the new invisibility of unmet legal need

This article provides three snapshots of family justice – pre-pandemic, during national
lockdown, and as England settled into a ‘new normal’ of hybrid justice processes. It does so by
drawing upon focus group discussions with Legal Companions working in the family court,
who support litigants in person in the manner of McKenzie Friends. This research points to the
interacting influences of policy reform and pandemic management, such that the emergency
measures introduced by the latter entrenched the longer term changes sought by the former. The
study seeks to capture the compound effects of these shifts, including a deepening of social
inequality, a sharp reduction in access to justice, and the decreased visibility of those who are in
greatest need of support. As part of this, we explore the diffuse benefits of the emotional
support provided by Legal Companions to those representing themselves in private family law
cases and identify key changes to this role in the new world of online and hybrid justice.