Inherent jurisdiction

What is the inherent jurisdiction?

The inherent jurisdiction is a power that the High Court of England and Wales has.

The inherent jurisdiction can be used where what needs to be done to protect or care for a child cannot be achieved under other child welfare legislation.

Examples of how the inherent jurisdiction is used:

The High Court might use its inherent jurisdiction power to make an order that a child has particular medical treatment. This might happen when the parents and doctors treating the child do not agree what treatment is best for the child. Or whether the child should have any medical treatment at all. They then need to ask the court to decide.

The inherent jurisdiction can be used to give children’s services permission to deprive a child of their liberty. But this is only where this will be in a setting that is not secure children’s home. If children’s services want the child to live in a secure children’s home for more than 72 hours they need to apply to the Family Court for a secure accommodation order.

Section 100 of the Children Act 1989 sets some limits around the use of the inherent jurisdiction. For example, the inherent jurisdiction cannot be used to decide whether children’s services should care for a child.