14/06/2023
-
The inherent jurisdiction of the High Court is known as “the great safety net” for vulnerable adults; but when can it be used and what can it do?
Join us for this session with Katie Scott from 39 Essex chambers to consider:
- what is the inherent jurisdiction?
- what does “vulnerable” mean in this context?
- is “vulnerability” limited to where an adult is subject to the undue influence, coercion or control of a third person, or can an adult be inherently vulnerable, for example by virtue of their own health condition(s)?
- what amounts to undue influence, coercion or control?
- what decisions can be made under the inherent jurisdiction for vulnerable adults?
- can the vulnerable adult be directed to do, or not do, something?
- can a person be deprived of their liberty under the inherent jurisdiction?
- when should a case be brought before the Court by a commissioner or a provider, for orders under the Inherent Jurisdiction?
- what orders can be obtained?
- what evidence is required?
- what are the advantages and disadvantages of invoking the inherent jurisdiction rather than the Mental Capacity Act 2005?
- key guidance from the case law.
Katie specialises in welfare, treatment and human rights matters and is also an accredited mediator.