Conceptualising participation: practitioner accounts

This chapter presents the findings of 159 interviews with practitioners working in court and tribunal settings, including judges, lawyers, court staff, and representatives of support services. It focuses on practitioners’ accounts of what it means to participate as a lay court user and why this matters. The findings point to ten overlapping and interlinking conceptualisations of participation. Participation – be it in the criminal or family courts or tribunal hearings – was variously described as a matter of providing and eliciting information for the court; being informed; being legally represented; being protected; being managed; and being present. Its functions were spoken of in terms of the exercise of legal rights; enabling court decision-making; legitimacy of court processes and outcomes; and potential therapeutic benefits. The chapter also examines the barriers to participation, as described by practitioners, and highlights that the facilitation of participation is widely regarded as integral to the role of practitioner