Most care proceedings involve the Local Authority, parents and the children through a children's guardian who is appointed by the Court.
There are cases when other people become involved in the proceedings. They may be family members or professionals who have had contact or care of the child before proceedings were started i.e. a child minder.
Why Are Intervenors Involved In Care Proceedings?
Intervenors usually take part in proceedings where a child has sustained an injury believed to be non- accidental or suffered significant harm or abuse and the Local Authority say that a person / persons are responsible for that harm or abuse. The Local Authority will set out in a document what it says the person has done and will ask the Court to make a decision. This is known as a finding, that the harm has occurred and the person identified has caused the harm to the child.
When Are Intervenors Involved In Care Proceedings?
At the beginning of the case, once the parties and the Court have identified the other persons, they will need to be invited to become part of the proceedings. The Court will invite the person to be an 'intervenor '. An intervenor will be able to put their case to the Court regarding their involvement or care of the child.
Intervenors will be provided with Court documents relevant to their involvement and the injuries sustained by the child, including evidence which sets out what the Local Authority say they have done and what harm the child has suffered.
What Do Intervenors Have To Do?
Intervenors will be required to attend Court and take part in a hearing called a 'finding of fact hearing'. At that hearing the Court will decide whether the injuries are non accidental or the abuse occurred, how it happened and if possible who caused the harm to the child. Sometimes it is not possible for the Court to specifically identify who has caused the injuries or abuse and therefore may decide there are a pool of people who could have caused the child harm.
An intervenors involvement in the proceedings will end following the Court’s decision after a finding of fact hearing.
If a person is an intervenor, social care usually make enquiries of any other children that the intervenor has contact with or with whom they live.
Any findings made by the Court against an Intervenor could have serious long term affects on their personal and professional life and so should not ignore an invitation from a family Court to be an intervenor. You must act quickly and seek legal advice as soon as possible.
For further help and advice, please contact me on 01332 364436 or via email at legal@timms-law.com
