MIAM Exemptions London: When You Don’t Need to Attend a MIAM

MIAM Exemptions London: When You Don’t Need to Attend in London

If you are considering applying to the family court in London, you may already know that most applicants are required to attend a MIAM (Mediation Information and Assessment Meeting) before they can issue proceedings. But there are situations where this requirement does not apply. Understanding MIAM exemptions in London is important, particularly if you are in a domestic abuse situation, facing an urgent crisis, or have already been through the court process before.

This guide covers all 15 MIAM exemptions, explains what evidence you may need, and gives you practical guidance on whether your situation is likely to qualify, with specific context for those going through London’s family court system.

What Is a MIAM and Why Is It Required?

A MIAM is a short meeting with an accredited family mediator, usually lasting around 45 minutes, where you find out whether mediation could help resolve your dispute. It is not the same as mediation itself. It is an information and assessment session.

Under section 10 of the Children and Families Act 2014, most people applying to the family court must attend a MIAM first. This applies whether you are applying about child arrangements, financial matters, or other family law issues. The rule exists to encourage families to explore alternatives to court before proceedings begin.

You can read more about what to expect in our MIAM London guide, which covers the full process from start to finish. But if you are wondering whether you need to attend at all, read on.

The 15 MIAM Exemptions: A Full Overview

The Family Procedure Rules Practice Direction 3A sets out the recognised exemptions. You self-certify your exemption on the court application form (usually Form C100 for children matters or Form A for financial proceedings). A judge can ask for evidence at any point, so it is worth being prepared.

Here are all 15 exemptions, explained clearly.

MIAM Exemptions London: 1. Domestic Abuse

This is the most commonly cited MIAM exemption and one of the broadest. It applies where there is evidence that you or a child have been victims of domestic abuse. Domestic abuse includes not only physical violence but also emotional abuse, coercive control, financial abuse, and harassment.

Evidence that can support this exemption includes, but is not limited to:

• A conviction, caution, or ongoing criminal proceedings relating to domestic abuse
• A protective injunction such as a non-molestation order or occupation order
• A letter from a health professional, social worker, or domestic abuse support service
• A referral to a MARAC (Multi-Agency Risk Assessment Conference)
• Evidence from an IDVA (Independent Domestic Violence Adviser)
• A police report or disclosure under Domestic Violence Disclosure Scheme
• Evidence from a refuge or domestic abuse charity

In London, organisations such as Refuge, SafeLives, and Solace Women’s Aid can provide supporting letters. If you have experienced domestic abuse and are unsure what evidence you need, please do get advice before completing your court form.

2. Child Protection Concerns

This exemption applies where a child is the subject of enquiries under section 47 of the Children Act 1989, or where a child protection plan is in place. If social services in London are actively involved with your child under a child protection framework, you can apply to court without attending a MIAM.

3. Urgency

Where the matter is genuinely urgent, you do not need to attend a MIAM first. The urgency exemption applies if there is a risk to the life, liberty, or safety of you, a child, or another person. It also applies if you need to prevent a significant risk of harm, or if the delay in attending a MIAM would cause irretrievable problems, for example where assets are about to be disposed of or a child is about to be removed from the country.

London’s family courts, particularly the Principal Registry of the Family Division, handle a high volume of urgent applications. Judges here are experienced in distinguishing genuine urgency from cases where a MIAM would still be appropriate.

4. Previous MIAM Attendance

If you have attended a MIAM in the four months before making your application, you do not need to attend again. This is straightforward: you will have a MIAM certificate from your mediator confirming attendance, which you include with your application.

5. Previous Court Proceedings

If you have attended a MIAM (or been exempted from one) in connection with existing proceedings, and you are now making a further application in those same proceedings, you do not need to attend a new MIAM. This often arises in longer-running London family court cases where multiple applications are made over time.

6. Current Mediation

If you are already engaged in family mediation with an accredited mediator, you do not need to attend a separate MIAM before applying to court. This might arise where mediation has broken down on one issue and you need to make a court application while other matters are still in mediation.

7. Bankruptcy

Where bankruptcy proceedings are ongoing and connected to the family law matter, you may be exempt from attending a MIAM. This is relatively uncommon but can arise in complex financial remedy cases where insolvency proceedings are running in parallel, which is not unusual in cases involving London-based business assets or significant property portfolios.

8. Applicant Cannot Attend a MIAM Due to Disability or Incapacity

If a disability or other incapacity means you cannot attend a MIAM in person and reasonable adjustments are not possible, you may qualify for an exemption. In practice, most MIAM providers, including our London offices at Waterloo, St Pancras, and Sutton, can offer online or telephone assessments to accommodate a wide range of needs. This exemption is most relevant in severe cases where even remote attendance is not feasible.

9. No Mediator Available Within 15 Business Days

If you have made reasonable attempts to contact at least three accredited mediators and none can see you within 15 business days of your contact, you can apply the exemption. In London, this is very rarely applicable as there are a large number of accredited providers across the city. London Mediation Service typically offers appointments within days at our central and south London offices.

10. Applicant Lives Outside England and Wales

If the applicant does not ordinarily live in England or Wales, they are not required to attend a MIAM. This is sometimes relevant in London cases involving international families, where one party may be based abroad while the other is in London. London has a large internationally mobile population, and this exemption does arise in practice here.

11. Other Party Is Exempt

Where the other party (the respondent) is exempt from attending a MIAM, the applicant may also be exempt in the same application. The reasoning is that a MIAM is designed to assess whether both parties could benefit from mediation, and if one party is exempt, the meeting loses much of its purpose.

12. Contact Enforcement or Directions Applications

Some specific types of court application are exempt from the MIAM requirement by their nature. These include applications to enforce an existing child arrangements order, applications for committal, and certain directions applications within ongoing proceedings. If you are returning to court about an order that is not being followed, this exemption may apply.

13. Cases With a Social Services Involvement

If social services have been involved with your family in the past 12 months in connection with the welfare of a child, and this is directly relevant to the proceedings, you may be exempt. This overlaps with the child protection exemption but is slightly broader, covering cases where there has been social services involvement that has not necessarily escalated to a formal child protection plan.

14. Matters Relating to Financial Orders (Certain Proceedings)

Some financial applications connected to ongoing divorce or separation proceedings fall within categories that do not require a separate MIAM, particularly where the financial application is linked to a current set of proceedings that already included a MIAM. If you are making a Form A application in connection with a divorce petition that has already gone through the MIAM process, it is worth checking whether a fresh MIAM is needed. Our guide to MIAMs and Form A explains this in detail.

15. Prospective Applicant Is a Respondent

If you have been named as a respondent in proceedings and you wish to make your own application within those same proceedings, the MIAM requirement does not apply to you in the same way as it does to the original applicant. The rationale is that the court process has already begun and a further MIAM would serve limited additional purpose at that stage.

How to Claim a MIAM Exemption in London

If you believe you qualify for an exemption, you self-certify on the relevant court form. For child arrangements applications, this is the C100 form. For financial remedy applications, it is Form A. Both forms include a section where you tick the applicable exemption.

You should keep any evidence that supports your exemption, such as a police report, a letter from a health professional, or correspondence from social services. Although you do not always need to submit this at the point of filing, a judge may ask for it at a later hearing.

If you are not confident that your exemption is watertight, consider whether a MIAM might actually be the simpler option. A MIAM with London Mediation Service can usually be arranged quickly, costs around £120 per person, and results in a MIAM certificate you can attach to your court application with no risk of the exemption being challenged.

MIAM Exemptions and the London Family Courts

London’s family courts, including the Central Family Court in Holborn and the Principal Registry of the Family Division, see a very high volume of cases. Judges here are familiar with MIAM exemptions being cited and will often look carefully at whether the exemption genuinely applies.

There has been a growing trend in the courts of directing parties to mediation even after proceedings have begun. The family court statistics consistently show that cases that go through mediation resolve faster and at lower cost than those that proceed entirely through litigation. London judges are alert to this and are increasingly willing to pause proceedings to direct mediation where it seems appropriate.

You can read more about what mediation in London involves and how it compares to court proceedings in our guide to family mediation services in London.

Frequently Asked Questions