FD (Inherent Jurisdiction: Power of Arrest)

FD (Inherent Jurisdiction: Power of Arrest)

The High Court does not have jurisdiction under its inherent powers to attach a power of arrest to an injunction granted to protect a vulnerable adult with capacity, as such enforcement powers must be expressly provided by statute. The interim power of arrest attached to the injunction against GH was made without jurisdiction and must be discharged.

Parties
Subject/respondent: FD; Respondent (father): AD; Respondent (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 injunction discharged for lack of jurisdiction.
Legal Topics
Injunctions, Power of Arrest, Protection of Vulnerable Adults, Legal Aid Eligibility
Family Law Inherent Jurisdiction Mental Capacity Injunctions Power of Arrest Protection of Vulnerable Adults Legal Aid Eligibility

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 2
Sign in to unlock

Parties

FD

Subject/respondent

AD

Respondent (father)

GH

Respondent (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 powers to attach a power of arrest to an injunction granted to protect 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 does not have jurisdiction under its inherent powers to attach a power of arrest to an injunction granted to protect a vulnerable adult with capacity, as such enforcement powers must be expressly provided by statute. The interim power of arrest attached to the injunction against GH was made without jurisdiction and must be discharged.

Court Disposition

Power of arrest attached to injunction discharged for lack of jurisdiction.

Orders

  • The power of arrest attached to the interim injunction against GH is discharged forthwith.
  • The court invites the Legal Aid Agency to reconsider FD’s eligibility for legal aid as a matter of urgency.