The local authority applied for permission to refuse contact between two children and their parents. The magistrates refused the application and ordered the local authority to pay the father’s costs. The authority appealed.
Held: The appeal succeeded. There was no need for more formal guidelines on costs in child case – there will usually be no order.
Cazalet J said: ‘I have been urged . . to . . hold that there is a presumption of no order as to costs in child cases. I do not think that it is necessary to fetter a court’s discretion as to costs in this way, by applying presumptions or indeed more specific guide-lines. It seems to me that . . it would be unusual for a court to make an order for costs in a child case where the conduct of a party has not been reprehensible or the party’s stance has not been beyond the band of what is reasonable. Accordingly, any court in deciding the question of costs in child cases should, in my view, approach the question against that general proposition, and it would be a matter for the discretion of the court in the light of those criteria as to what order for costs should be made. In considering these questions the court will always look in particular at whether it was reasonable for one of the parties to have brought or to have maintained the proceedings . . As a matter of public policy . . where there is the exercise of nicely balanced judgment to be made by a local authority carrying out its statutory duties, the local authority should not feel than it is liable to be condemned in costs if, despite acting within the band of reasonableness . . it may form a different view to that which a court may ultimately adopt.’
Judges:
Cazalet J
Citations:
Ind Summary 09-Jan-1995, [1995] 1 FLR 533
Jurisdiction:
England and Wales
Citing:
Cited – Sutton London Borough Council v Davis (Number 2) FD 8-Jul-1994
The local authority had refused to register a childminder, who successfully appealed to the magistrates, who awarded costs in her favour. The local authority appealed against the costs order. In doing so the authority urged the court to apply, by . .
Cited by:
Cited – In re T (Children) SC 25-Jul-2012
The local authority had commenced care proceedings, alleging abuse. After lengthy proceedings, of seven men and two grandparents, all but one were exonerated. The grandparents had not been entitled to legal aid, and had had to mortgage their house . .
Lists of cited by and citing cases may be incomplete.
Children, Costs
Updated: 28 April 2022; Ref: scu.85815
