Q&As

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 05/06/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?

On an application under the court’s inherent and parens patriae jurisdiction in relation to an adult, which court form is the application made in?

The court will in certain circumstances judicially intervene whether by the exercise of the inherent jurisdiction of the High Court or the jurisdiction of parens patriae. The latter relates to protection that the court can adopt in respect of exploitative relationships. The former is intended to safeguard individual autonomy where they cannot be utilised without intervention. Parens patriae is used in respect of persons who are unable to protect their own interests, such as children and mentally incapable adults and is an ancient doctrine relating back to feudal times and includes the wardship powers of the Senior Courts. The inherent jurisdiction is a residual source of powers which the court may draw upon where just or equitable. Such powers are derived not from statute but from the nature of the court as a superior court of law. However, it is commonly considered that parens patriae with regard to mentally incompetent adults had been replaced by legislation as a result of the Mental Health Act 1959 and subsequent legislation. The

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