Being named as an intervenor can feel overwhelming. You are not originally a party to the proceedings, but your involvement is considered necessary for the Court to fully understand the issues. Alex Pearson answers key questions in these FAQs, explaining what it means to be an intervenor in care proceedings and how to navigate the process.
This article focuses on intervenors in care proceedings. There are intervenors in other types of family matters, most commonly a new partner in a divorce. However, if you are invited to intervene in divorce/ancillary proceedings, you will need specialist legal advice from someone whose expertise is in divorce.
What is an Intervenor, and when do I become one?
Intervenors are people who are not originally a party to care proceedings, but who are invited or allowed to join the case for a specific period, because their involvement is considered necessary for the Court to fully understand the issues. This is different from a witness. A witness will give evidence, and then have no further involvement. An intervenor is
- joined to the proceedings,
- able to participate within the proceedings and,
- be legally represented.
The most common situation in which someone is intervened is where a child has suffered an injury, and the initial thoughts of the Local Authority and the hospital, are that the injury was inflicted on the child. In simple terms, they don’t think it was an accident, and think someone hurt the child.
Often, people who are intervened are grandparents, aunties and uncles, and new partners, but it can be anyone and doesn’t need to be a relative. Anyone who had contact with the child, and could reasonably be considered to have caused the injury, may be invited to intervene so that they can respond to the allegations about the injury, and protect their own interests. People can also be intervened if they are accused of having sexually harmed a child, or other examples of significant harm.
You may have heard the term “pool of perpetrators”. This is the term used for all of the people who it is alleged could have caused the injuries.
What happens next?
Usually, once joined to the proceedings, you will be granted access to most, if not all, of the case papers. In injury cases, it is very important to be able to see all of the medical evidence.
You will usually be directed to file a witness statement. This is your opportunity to set out your account about what you know of the circumstances surrounding the injury. We would recommend that this provides as much information about the timeline of your involvement as possible, including when other people were present, and anything you saw or heard. If there are things that are important, such as a child having fallen from a height, it is helpful to include how high this was, and any photographs if you have them. If there were any circumstances which saw rougher than usual handling, it’s generally advisable to include this. In addition, if you are related to the child, it can be helpful to include some of your own medical background, especially if you have any known hereditary issues with your blood or bones.
You may be involved in the instruction of experts, which can include:
- radiologists,
- geneticists,
- haematologists, and
- paediatricians.
They will be instructed to provide an expert medical report on the injuries.
You will also be expected to attend hearings, though the Court may excuse your attendance at hearings which are not relevant to you.
The Court will list a ‘Fact Find’ hearing. The Court will consider expert evidence, hear from those involved, and decide whether the injuries were inflicted or accidental. It will then decide, where possible, who is responsible.
What happens if they say I did it?
If the Court makes a finding that you caused the injury, then that finding does attach to you. It becomes relevant for your own involvement with the Local Authority. If you were to have children in the future, it is likely that the Local Authority would become involved. They may want to assess you to make sure your child would be safe in your care, or look at alternatives if not.
If you work in a profession that requires you to have a clean DBS, then it is likely that your job would be impacted. However, we would recommend that you take independent employment law advice on this point.
In terms of any criminal sanctions, a ‘finding’ is not the same as guilt in a Criminal Court; you will not be sentenced or sent to prison based on a Family Court finding. If there are ongoing criminal proceedings, the police may want to have sight of the Family Court judgment. They are entitled to this under the Family Procedure Rules, PD12G. This may then inform their investigation, however the proceedings themselves are separate.
If the Court does not make a finding that you did it, then you can move on with your life. Depending on your relationship to the child, you may want to pursue an assessment to care for the child, which we can advise you on separately.
Do I need legal representation?
Ideally, but it is a matter for you. You may find it helpful to meet with a lawyer to discuss your situation in more detail and explore your options. You may want to instruct a lawyer to represent you throughout your involvement, or for a specific part, such as drafting your statement of evidence.
Is Legal Aid available?
Unlike parents, who automatically receive legal aid, there is no automatic right to legal aid for intervenors. It is possible that it may be available, but the reality on the ground is that this is unlikely. Legal aid for intervenors is both means tested (income based) and merits tested (strength of the case). In most cases, an intervenor will meet the merits test. However the financial thresholds for legal aid are so low that most people do not qualify.
We are willing to discuss your eligibility for legal aid with you. In the event that you do not qualify for legal aid, we will discuss our private costs with you. If you are on a low income, but not eligible for legal aid, we will try and work with you to arrange affordable legal representation for you.
Do your team have any success stories that we can read?
Yes! Alex Pearson in our Birmingham team was involved in the case of Re CM [2023] EWFC 263 (B). She represented a grandmother accused of causing injuries to her granddaughter. At the Fact Find Hearing, after hearing evidence, the Local Authority withdrew their allegations that the grandmother had caused the injuries, but continued to pursue that she had failed to protect her granddaughter. The Court did not accept that, and did not make any findings of failure to protect against the grandmother.
This is just one published case. Our team is regularly involved in representing intervenors in care proceedings, as well as parents and children. We understand the challenges that people in these circumstances face, and can guide you through the process one day at a time.
Talk to our team
If you find yourself in care proceedings, as an intervenor or as a parent, contact the Birmingham Family Law Team on 0121 643 4121 to see how we can help.
