It’s more than likely that you’ve never even heard of the Tipstaff. Who or what is it?
In my mind I’ve always imagined the Tipstaff as a mythical creature, something of a cross between ‘Dobby’ from Harry Potter and ‘Batman’; a secretive species that toils in depths of the Royal Courts of Justice and has extraordinary-legal powers.
The reality is slightly less fanciful but equally of interest. The Tipstaff is the enforcement officer for all orders made in the High Court. The Tipstaff’s work often involves locating children that have been or are about to be abducted and/or removed from the jurisdiction of England and Wales. They have the power to effect an arrest and make forced entry if required to ‘locate’ or ‘collect’ a child. Perhaps, most usefully, however, the Tipstaff is able to obtain information from government departments such as HM Customs and Revenues extremely quickly. The ability to urgently access information such as addresses of a relative or friend of a parent trying to leave the jurisdiction with a child is an imperative tool. A location order can then be used to put that friend or relative under a legal duty to disclose information pertaining to the whereabouts of the child.
Tipstaff Orders have been in the news recently. In June 2015, HHJ Wildblood QC made various tipstaff orders to locate Ethan Williams, a three year old boy, whose Mother, Rebecca Minnock had gone on the run with him when she feared the court was about to make an order that the child should live with his Father. The interesting fact about that case was that the Judge lifted reporting restrictions and allowed the media to assist with the search for Ethan, including reporting details of the role of the Tipstaff.
Twice so far in my career as a family solicitor have I come in to contact with the Tipstaff. Once when acting for a Father whose child had failed to return from a holiday in Nigeria with his Mother for the start of the school term, and once for a Mother who was accused of being about to take her daughter to Germany without the Father’s consent and had passports seized by the police who were acting as agents of the Tipstaff. Both times, I was astounded by how quickly the Tipstaff obtaining information and acted.
What I didn’t know until I started researching this article is that the Tipstaff is in fact just one person. He or she (their identity is unknown) works at the Royal Courts of Justice. They have two assistants and can call upon any constable or bailiff in England and Wales to assist them in the execution of a High Court order. What I have always known however is that the Tipstaff is an extremely effective and resourceful instrument of the High Court and one future lawyers would do well to be aware of.
Philippa Bruce
Kent Law Clinic