Care Proceedings – Joined Parties & Interveners Fact sheet
What is an Intervener in Family Proceedings?
Often, an intervener is someone that is linked to the family or child involved in a family case. In certain circumstances, for example, it may be someone that has been accused of causing harm to a child. If that is the case, this person will be invited to become an intervener so that they can challenge any accusations in the court proceedings.
What is a Joined Party in Family Proceedings?
Only individuals with parental responsibility can be automatic parties to care proceedings at the time of their issue. A father who does not hold parental responsibility will require the permission of the court to be joined as a party. This applies to fathers already involved in a child’s life and individuals who have learned during the proceedings that they are the biological father.
Individuals who are granted an order (such as a Child Arrangements Order) during proceedings, which enables them to care for a subject child, will obtain parental responsibility for that child once the order is made. These individuals are then entitled to be joined as a party to those proceedings.
You may be joined to a case if you are a family member that has an interest in the proceedings. For example, you may have been assessed as an alternative carer for the children, but the viability assessment is negative. You can, if you apply, be joined to the proceedings to challenge the negative outcome of your assessment.
Can I get Legal Aid if I am an Intervener or Joined Party?
Legal Aid is available; however, this will need to assess their income and the merits behind their application. If this is granted, it is possible that a contribution toward the funding is required.
Disclaimer: The material contained in this fact sheet is for general guidance only. It is specific to the law of England and Wales, and represents a brief outline of the law current as at the date of the fact sheet. It is not intended to constitute, or to be a substitute for, legal advice specific to your case.
Information up to date as at 10/03/2023.
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