Intervener meaning

In this issue: Children's social care Planning Social housing Local government finance Social care Public procurement Education Healthcare Governance LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q&As Children's social care When is a fact-finding hearing needed to inform risk assessment? (G (A Child: Scope of Fact-Finding)) In G (A Child: Scope of Fact-Finding), the Court of Appeal considered whether refusing to order a fact-finding hearing about allegations that a mother caused the fatal injuries to an older child seven years earlier was erroneous, where the purpose was to inform the risk assessment and overall welfare evaluation in proceedings about her new baby. The majority concluded it was not, and that the assessment of risk could take into account a broad spectrum of potential outcomes even without specific findings as to the circumstances of the older child’s death. That outcome, however, was plainly...

The Financial Conduct Authority has secured approval to participate in the landmark car finance hearing expected to shape the industry’s future. However, the Supreme Court instead refused leave to the leading trade body, the Finance & Leasing Association. A ministry spokesperson said the finance ministry was likewise refused permission to intervene in the case, adding that it would still “monitor it closely” closely. The department had sought to take part in the hearing, concerned that an outcome in favour...

In this issue Practice and procedure Relationship breakdown Private children Public children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Family Procedure Rules Committee meeting minutes The Family Procedure Rule Committee has released the minutes from its meeting held on 2 February 2026. Relationship breakdown Determining validity of foreign marriages (MA v WK) In MA v WK [2025] EWFC 499, the Family Court examined three linked applications under section 55(1) of the Family Law Act 1986 seeking declarations that the marriages were valid. Each applicant had a Nikkah in England that did not satisfy the Marriage Act 1949, yet argued that later (or alleged) registration in Pakistan conferred legal effect and made the marriages recognisable as foreign marriages in England and Wales. They contended that registration was the decisive act creating validity, effectively relocating the lex loci celebrationis to Pakistan. The respondents and...

Appeals filed before 2 December 2024 This Practice Note relates solely to: appeals to the Supreme Court that were already under way before 2 December 2024, and applications seeking permission to appeal, and notices of appeal, lodged before 2 December 2024 unless the court or the Registrar directs that the Supreme Court Rules 2024 (SCR) shall apply (SCR 62). Appeals submitted before 2 December 2024 are governed by the Supreme Court Rules 2009 (revoked) and the Practice Directions as they stood up to that date. References in this Practice Note to those Rules and Practice Directions appear as ‘old SCR 23’ and ‘old SCR PD 2’. Copies of those Rules and Practice Directions may be found here: Appeals filed on or after 2 December 2024 Cases not falling within the categories above (or where the court or Registrar has directed that the SCR will apply) are subject to the SCR and the associated Practice Directions. For guidance on such matters,...

This Practice Note sets out guidance on costs principles and the relevant case law that apply in public law children matters, such as care proceedings and adoption. It explains how the courts approach costs orders against parties, including local authorities, and addresses fact-finding hearings and situations involving an intervener. It also outlines the position on costs and the Legal Aid Agency (LAA) statutory charge where a claim for damages is pursued under the Human Rights Act 1998 (HRA 1998). General principles In children proceedings, the usual rule that costs follow the event does not operate; this is pursuant to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2(1), which disapplies CPR 44.2(2)...

This Practice Note sets out the matters to weigh up before seeking the appointment of a welfare and/or financial guardian for anyone aged 16 or over in Scotland, under the Adults with Incapacity (Scotland) Act 2000 (AI(S)A 2000). For guidance on the court route for such applications, see Practice Note: Guardianship applications in Scotland—court process. For the statutory framework relevant to an application, see Practice Note: Adults with Incapacity (Scotland) Act 2000. When should a guardianship application be considered? Consider a guardianship application where an adult has lost mental capacity, cannot handle their own welfare and financial matters, and there is no power of attorney in force. An adult is regarded as ‘incapable’ if they are unable to: acting making decisions communicating decisions understanding the decisions retaining the memory of decisions Such incapacity need not arise from a mental disorder (section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003); it may equally stem from an...