Lay Representatives: Role, Responsibilities and Limits

Introduction

A lay representative is someone who supports or speaks for a person in a formal setting—often a tribunal, workplace hearing, or meeting with public authorities—without being legally qualified. The focus is on practical help: organising documents, keeping the person calm, and ensuring their points are presented clearly and fairly. Unlike solicitors or barristers, lay representatives do not advise on the law or take over the case. Their role is to make the process easier to handle, especially where money, knowledge or confidence is in short supply.

Typical settings include employment tribunals, internal disciplinary hearings, school or housing panels, social care meetings, and police stations (where an “Appropriate Adult” supports children and some vulnerable adults under PACE 1984). The specifics vary by forum, but the common thread is straightforward support, respect for procedure, and careful boundaries.

What You'll Learn

• What a lay representative is and the settings where they are used
• Core duties: preparing documents, organising evidence, and supporting communication
• Conduct rules: confidentiality, impartiality and integrity
• Scope and limits, including where rights of audience are restricted
• Legal touchpoints such as PACE 1984 and small claims rights of audience
• Practical preparation, including mock hearings and feedback
• When to signpost to a solicitor or other professional support

Core Concepts

Definition and scope of the role

A lay representative is not a lawyer. They help present facts, keep paperwork in order, and support the person during meetings or hearings. They may speak on the person’s behalf where the rules allow (for example, in many tribunals and some small claims hearings), but they must not provide legal advice or argue complex legal points.

Different forms exist:

• Lay representative at a tribunal or hearing: helps with documents, speaks when permitted, and keeps the person on track.
• McKenzie Friend (in many courts): sits with a litigant in person and gives quiet assistance but has no automatic right to address the court.
• Appropriate Adult (PACE 1984): supports a child or vulnerable suspect at a police station to ensure they understand what is happening and that the interview is fair.

The key is to check what each forum allows and keep within those boundaries.

Conduct: confidentiality, impartiality and integrity

Effective lay representation relies on trust and fair dealing:

• Confidentiality: keep the person’s information private and secure.
• Impartiality: focus on the person’s needs, not your own views or interests.
• Integrity: be honest about your abilities and the limits of the role; do not present yourself as a lawyer.
• Clear communication: use plain English, avoid jargon, and check understanding.
• Record-keeping: keep orderly notes, timelines and document lists so nothing is missed.

These habits help the person feel heard and make the process smoother.

What a lay representative can and cannot do

Typically allowed:

• Help plan the case story (facts, chronology, key documents)
• Prepare and organise paperwork and evidence packs
• Draft simple statements or summaries for the person to approve
• Speak at certain hearings where rules permit (e.g., many tribunals; small claims with conditions)
• Take notes, prompt the person quietly, and request breaks or adjustments
• Ask for clarity about procedure and timing

Typically not allowed:

• Give legal advice or interpret complex law
• Conduct cross-examination where rights of audience are restricted
• Make submissions in courts that require qualified advocates (unless specific permission or an applicable order applies)
• Act in a way that misleads the panel, the court, or the other side
• Handle matters that really need a solicitor or barrister (e.g., complex statutory interpretation)

Always check the forum’s rules (practice directions, codes, or guidance from the tribunal/court).

Where the role applies

Common settings include:

• Employment tribunals: generally more flexible about who can speak; helpful for claimants or respondents who are unrepresented.
• Workplace hearings: disciplinary or grievance meetings where a colleague, trade union representative, or other companion may attend under workplace policy or the ACAS Code of Practice.
• Police stations: Appropriate Adults under PACE 1984 (especially Code C) ensure a child or vulnerable suspect understands and is treated fairly.
• Social care and education: child protection conferences, school disciplinary meetings, and SEND contexts where an extra pair of hands can steady the process.
• Small claims in the County Court: Lay Representatives (Rights of Audience) Order 1999 may allow a lay representative to address the court if the party attends in person, subject to conditions.
• Other tribunals and panels: housing, benefits, and community hearings often permit lay representatives to speak with varying degrees of formality.

Key Examples or Case Studies

• Employment tribunal companion

  • Scenario: A claimant cannot afford a lawyer and asks a friend to help. The friend assembles a timeline, organises payslips and emails, and rehearses questions the panel might ask.
  • Role in action: On the day, the friend speaks where permitted, keeps the bundle in order, and quietly reminds the claimant of key dates. They do not give legal advice.

• Appropriate Adult at a police station

  • Scenario: A 16-year-old is interviewed under caution. An Appropriate Adult sits in, asks the police to use plain language, checks the young person understands the caution, and requests a break when concentration dips.
  • Role in action: The Appropriate Adult does not advise on the evidence or the law. They can request a duty solicitor to provide legal advice.

• Social services meeting for a vulnerable adult

  • Scenario: A person with learning difficulties attends a safeguarding meeting. A lay representative helps prepare a simple statement in advance and keeps track of decisions and action points.
  • Role in action: During the meeting, they ask for information to be repeated more slowly and for documents to be provided in an accessible format. They do not make legal submissions.

Practical Applications

• Preparation with the person

  • Agree the scope of your help and explain limits plainly.
  • Build a clear timeline of events with dates and key documents.
  • Prepare a short case summary and a checklist of outcomes the person is seeking.
  • Organise an indexed bundle: contracts, letters, emails, policies, witness statements, and any expert reports.

• Conduct at hearings and meetings

  • Arrive early, check room or video link details, and confirm the running order with the clerk or chair.
  • Take structured notes: issues, questions raised, undertakings, and deadlines.
  • Ask for breaks if the person is overwhelmed, and request reasonable adjustments under the Equality Act 2010 where needed (e.g., extra time, larger print, quiet room).
  • Speak only when permitted; otherwise, support quietly and help the person answer clearly.

• Communication techniques

  • Use short sentences and avoid jargon.
  • Summarise what has been agreed at each stage.
  • Confirm who will do what, and by when.

• Training and practice

  • Run mock hearings to practise: opening statements, handling documents, and responding to questions.
  • Observe real hearings (many tribunals are open to the public) to see structure and pacing.
  • Use structured feedback after each practice session to refine note-taking, time management, and document control.
  • Legal training aimed at the SQE often encourages practice exams; the same approach helps lay representatives build steady communication and organisational skills.

• Boundaries and signposting

  • Refer to a solicitor or accredited adviser where legal issues are complex, where rights of audience are needed, or where the stakes are high (e.g., potential criminal liability or dismissal from employment).
  • In police settings, always request a duty solicitor for legal advice; the Appropriate Adult’s role is welfare and understanding, not law.

• Remote and hybrid participation

  • Test the video platform, microphones, and screen-sharing in advance.
  • Circulate electronic bundles with consistent file names and page numbers.
  • Agree a simple way to communicate privately during the session (e.g., messaging app) without disrupting proceedings.

• After the event

  • Debrief with the person: check understanding of outcomes and deadlines.
  • Update the action list and calendar key dates.
  • Store notes securely and maintain confidentiality.

Summary Checklist

• Confirm the forum’s rules on who may speak and when
• Be clear about limits: you are not giving legal advice
• Keep confidentiality and avoid conflicts of interest
• Prepare a timeline, case summary, and indexed bundle
• Use plain English and check understanding throughout
• Request reasonable adjustments where required
• Take accurate notes of issues, decisions, and deadlines
• Practise with mock hearings and seek feedback
• Signpost to a solicitor when law or procedure is complex
• Follow up with written next steps and secure record-keeping

Quick Reference