The council brought care proceedings. A residential assessment was to be ordered. The Council sought an order for the respondent mother who was legally aided to bear a portion of the cost of the assessment. The Legal Services Commission intervened to object to any order to pay any contribution to the costs.
Held: An assessment under section 38(6) was not part of the local authority’s case, but something directed by the Court. It was exercised as part of the Court’s attempt to satisfy the overriding objective which in such proceedings set out to include expert opinion. There was no distinction of principle between the oder for an assesment and an order for a jointly instructed expert, and the Calderdale criteria could be applied. The Legal Services Commission could be required to contribute.
Judges:
Ryder J
Citations:
[2005] EWHC 776 (Fam), Times 19-May-2005
Statutes:
Children Act 1989 38, Access to Justice Act 1999 22(4)
Jurisdiction:
England and Wales
Citing:
Applied – Calderdale Metropolitan Borough Council v S and Another FD 18-Oct-2004
An expert’s report was required for the purposes of care proceedings. The court ordered that the cost be paid as to half by the local authority, where there were three other parties. The authority appealed.
Held: The authority’s appeal was . .
Cited by:
Cited – Kent County Council v G and others HL 24-Nov-2005
A residential assessment order had been made under the 1989 Act in care proceedings. When the centre recommended a second extension of the assessment, the council refused, saying that the true purpose was not the assessment of the child but the . .
Lists of cited by and citing cases may be incomplete.
Children, Local Government, Legal Aid
Updated: 06 May 2022; Ref: scu.225011
