Care proceedings are usually a very confidential process. Without a jury or a public gallery like various other legal proceedings, the only people who are privy to any part of proceedings concerning children are the those with parental responsibility, Children’s Social Care, the court-appointed Children’s Guardian, and parties’ respective solicitors.

However, there are some occasions where other people are invited to play a role within proceedings. These people are referred to as “intervenors”.

Why is an Intervenor needed?

The need for an intervenor often arises where a child has suffered an injury which has been identified as “non-accidental”.

In this situation, an Intervenor will be invited to join the case because they have come into contact with the child/ren in the time period when the injury was said to have taken place. Intervenors may include extended family members, friends, nursery staff, or any other person who has come into contact with the child within the timeframe of the injury.

The court describes all the people who may have caused the injury to a child as being in the “pool of perpetrators”, and the family court could potentially make “findings” against them that they have caused the injuries to the child/ren.

Intervenors are joined as additional parties to the proceedings to allow them to have access to the private court documents, including evidence from Children’s Social Care about the injuries the child has suffered. They will not have access to all of the documents and will often only be allowed to be involved with the limited part of the case that affects them.

What does an Intervenor need to do?

Intervenors will be asked to provide a statement to the court setting out their side of the story. This will provide information about when they had care of the child/ren and what happened during that time.

Intervenors will be required to attend court to take part in a “fact find hearing”. This is the hearing where the Judge will make a “finding” of who caused the injuries. These hearings can last for several days or even weeks, depending on the complexity of the case.

Sometimes, the Judge cannot identify specifically one person who caused the injuries and therefore may decide that there are a few people who could have done it. This is known as a “pool finding”.

After the Judgement of the fact find hearing, an Intervenor’s role in the proceedings will usually end.

Does an Intervenor need to participate in proceedings?

Whilst not the same as a criminal conviction, a “finding” made by the family court can have serious long-term affects upon your personal and professional life, particularly if you wish to work with children, have children or your own or commence a relationship with someone who has children.

It is therefore important that you do not ignore an invitation from the family court to be an intervenor, and seek legal advice. Porter Dodson specialise in this area of law and our designated Childcare Team will be happy to assist you throughout the process. Please contact us on 01935 424581 and ask to speak to a member of our Childcare Team.