FD (Inherent Jurisdiction: Power of Arrest) [2016] EWHC 2358 (Fam) (28 September 2016))

FD (Inherent Jurisdiction: Power of Arrest) [2016] EWHC 2358 (Fam) (28 September 2016))

The High Court, when exercising its inherent jurisdiction to protect vulnerable adults, does not have the jurisdiction to attach a power of arrest to an injunction unless there is specific statutory authority. The statutory powers of arrest under the Family Law Act 1996 do not apply in this case, and the inherent jurisdiction does not extend to creating new enforcement mechanisms such as a power of arrest.

Citation
[2016] EWHC 2358 (Fam)
Parties
Subject/respondent: FD; Respondent (father): AD; Respondent (male Friend): GH; Applicant: Local Authority
Jurisdiction
England and Wales
Judgment Date
28 September 2016
Procedural Posture
Inherent Jurisdiction Application (family) / Interlocutory Judgment on Power of Arrest
Outcome
Power of arrest attached to the interim injunction is discharged; court holds it has no jurisdiction to attach a power of arrest under inherent jurisdiction in these circumstances.
Legal Topics
Injunctions, Power of Arrest, Vulnerable Adults, Legal Aid, Enforcement of Court Orders
Family Law Mental Capacity Law Inherent Jurisdiction Injunctions Power of Arrest Vulnerable Adults Legal Aid Enforcement of Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

FD

Subject/respondent

AD

Respondent (father)

GH

Respondent (male Friend)

Local Authority

Applicant

Procedural Posture

Inherent Jurisdiction Application (family) / Interlocutory Judgment on Power of Arrest

Legal Issues

  1. 1 Whether the High Court has jurisdiction under its inherent jurisdiction to attach a power of arrest to an injunction protecting a vulnerable adult with capacity
  2. 2 Whether previous case law or statute authorises such a power of arrest in these circumstances

Ratio Decidendi

The High Court, when exercising its inherent jurisdiction to protect vulnerable adults, does not have the jurisdiction to attach a power of arrest to an injunction unless there is specific statutory authority. The statutory powers of arrest under the Family Law Act 1996 do not apply in this case, and the inherent jurisdiction does not extend to creating new enforcement mechanisms such as a power of arrest.

Court Disposition

Power of arrest attached to the interim injunction is discharged; court holds it has no jurisdiction to attach a power of arrest under inherent jurisdiction in these circumstances.

Orders

  • Power of arrest attached to the injunction against GH is discharged forthwith.
  • No jurisdiction to attach a power of arrest to an injunction granted under the inherent jurisdiction to protect a vulnerable adult with capacity.