Inherent jurisdiction - urgent advice

[Neuron]

I’m looking for any advice.

My special needs daughter is in residential care, under section 20. she’s almost 18.

I had to fight hard to get this provision and it is perfect for her. She is very, very happy there and has made incredible progress since being placed there.

Ive just had a court order from the high court, with a hearing date, saying that the LA are going down the inherent jurisdiction process, as oppose to the DOL’s, which is what I’d been expecting.

The LA have offered no advice as to what this IRO is, they’ve said they are unsure themselves and told me to get legal assistance.

A guardian has been appointed by CAFCASS, to get my daughters views, although she doesn’t have capacity.

Ive done a google search, yet there is no clear information or guidance. Only that it is regarding deprivation of Liberty.

I’ve searched for legal assistance, but have been quoted £5k + vat. I can’t afford anywhere near this amount, so I’m stuck. I’ve got to write a report (for today 27th Nov) and represent myself at the hearing, but I know nothing at all about an IRO.

Is there anyone on here that could shed some light and offer me some advice?

[Suzie, FRG Adviser]

Dear Neuron

Welcome to Family Rights Group’s parents’ discussion board and thank you for your post. My name is Suzie and I am Family Rights Group’s online adviser. I am sorry to hear of the difficulties your family is experiencing. I am also sorry that there has been a delay in responding to your post. I know that the hearing you mentioned has now passed but I hope that this information will still be helpful to you.

Here is a very brief summary about ‘inherent jurisdiction’:

Although the Children Act 1989 and other legislation have overtaken most uses for the inherent jurisdiction of the court, it is still possible for the High Court to make orders in relation to children using this where there is no existing legislation, case law or Family Procedure Rules to deal with a particular issue. But it can only be used in relation to a child in certain situations and with the court’s permission.

I guess that you are worried about what will happen when your daughter reaches 18; I think that the local authority are making their application in light of this. So I think that the local authority are using the direct intervention of the court to apply to lawfully restrict your daughter’s liberty in order for her to achieve the right treatment.

As your daughter does not have capacity she will need a ‘litigation friend’ – a person who can conduct the proceedings on her behalf (this could be you). Here is some government guidance on litigation friends .

Unfortunately, we are not able to advice on mental capacity but the following information may be useful to you:

Young Minds’ parents’ guide to support: mental capacity act 2005, and

Ipsea: mental capacity and decision-making .

Here is some information about the Independent Reviewing Officer (IRO). The IRO should promote the voice of the young person. They must make sure that their wishes and feelings are known and taken into account. And the social worker must inform the IRO of any significant change in a young person's life. But the IRO’s role is only relevant until your daughter is 18.

Here are some practical steps for you to consider and to discuss with your daughter’s IRO:

• What do the most recent LAC minutes say about future plans for your daughter?
• Is the social worker talking you through what is happening and the process of realising a new plan for your daughter?
• Has the need for you to have some access to legal advice been considered by the local authority?
• How are you to be involved in planning and decision-making for your daughter?
• Can the local authority signpost you to appropriate resources?

In relation to the court case:

• If you are acting in person, you can write a letter to the judge saying that you are not clear about the process. You should be supported to participate even if you have no access to legal advice.
• Have you received all of the papers that have been sent to the court as part of the local authority’s application? How are these being provided to you?

You can ask the local authority for a full copy of the court ‘bundle’, which is all of the paperwork that has been sent to the court.

In terms of accessing (free) legal support and representation you could contact Advocate which is a pro bono legal charity – they may be interested in your case which is potentially quite complicated.

Although they may not be able to help you directly you could contact the Royal Courts of Justice advice service ; they may be able to direct you to services that you can access.

I hope this has been of some help to you.

With best wishes

Suzie

[Uska]

Suzie,

The link to the Advocate service in your post above is not working.

[Suzie, FRG Adviser]

Hi Uska,

Thank you for noting that the link is broken to the free legal service I recommended, We Are Advocates.
The link has been mended and it is now working.
Kind regards,
Suzie