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‘It’s all a bit wishy-washy’: practitioner perspectives on the use of the inherent jurisdiction in adult safeguarding

  • Daniel Bedford
  • , Karl Mason
  • , Alice Leyman
  • , Philip Bremner

Research output: Contribution to journal › Article › peer-review

Abstract

The High Court ‘s Inherent Jurisdiction can be used to safeguard vulnerable adults who have mental capacity but are unable to exercise autonomous choices due to external forces such as constraint, coercion, undue influence or other vitiating factors. There are established concerns about how well the Inherent Jurisdiction is understood in safeguarding practice but existing literature does not address the perspectives of practitioners. In response, this article presents the findings of two related studies that explore how safeguarding practitioners in six local authorities understand, perceive and use the Inherent Jurisdiction. Our findings show safeguarding practitioners were concerned about evidentiary requirements but also described organisational hesitancy to apply for orders. While practitioners identified practical, ethical and rights-based concerns, they also described risk management work outside of legal application, demonstrating a workforce grappling with significant risk and an obscure legal framework. Our recommendations propose enabling a better understanding of the Inherent Jurisdiction through training, protocols and practice guidance, but we also signal the importance of scoping reform in order to respond more effectively to safeguarding as it arises in everyday practice.
Original languageEnglish
JournalJournal of Social Welfare and Family Law
DOIs
Publication statusE-pub ahead of print - 19 Sept 2026

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 3 - Good Health and Well-being
    SDG 3 Good Health and Well-being
  2. SDG 10 - Reduced Inequalities
    SDG 10 Reduced Inequalities
  3. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Inherent Jurisduction
  • Safeguarding Adults
  • Coercion and control
  • Legal Literacy

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