In further confirmation that the inherent jurisdiction is both complex and an uncertain tool for the protection of those who fall outside the scope of the MCA 2005 but are vulnerable, HHJ Clifford Bellamy has recently confirmed in Re FD (Inherent Jurisdiction: Power of Arrest) [2016] EWHC 2358 (Fam) that – contrary to the understanding of many – that the High Court cannot attach a power of arrest to an order made under the inherent jurisdiction in respect of such  a vulnerable adult.

Those who are concerned about the complexity and uncertainty of the law in this area might (we venture) consider drawing to the attention to the Law Commission that they may wish to consider as part of their 13th programme of Law Reform a codification of the inherent jurisdiction (or even a wider Vulnerable Adults Act) to bring clarity to  the measures that can be taken to safeguard those who fall outside the scope of the MCA 2005.  If you do, the deadline for responses to  the Commission is 31 October, and  the  details can be found here.