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 analogy, the principle that costs are not usually ordered in child cases.
Held: The appeal was dismissed. The local authority had erred in concluding that the respondent was not fit to mind children, but their stance in relation to Mrs Davis was neither reprehensible nor unreasonable.
In a large Magistrates Court family case the LAB was to be allowed to assess costs before a decision was to be made by the Justices. Justices may award costs in an adversarial children matter, and await Legal Aid Board’s assessment on the amount. It was not the normal practice to award costs in child care cases.
Wilson J said: ‘Where the debate surrounds the future of a child, the proceedings are partly inquisitorial and the aspiration is that in their outcome the child is the winner and indeed the only winner. The court does not wish the spectre of an order for costs to discourage those with a proper interest in the child from participating in the debate. Nor does it wish to reduce the chance of their co-operation around the future life of the child by casting one as the successful party entitled to his costs and another as the unsuccessful party obliged to pay them. The proposition applies in its fullest form to proceedings between parents and other relations; but it also applies to proceedings to which a local authority are a party. Thus, even when a local authority’s application for a care order is dismissed, it is unusual to order them to pay the costs of the other parties. But the proposition is not applied where, for example, the conduct of a party has been reprehensible or the party’s stance has been beyond the band of what is reasonable: Havering London Borough Council v S [1986] 1 FLR 489 and Gojkovic v Gojkovic [1992] Fam 40, 60C-D.’
and ‘In care proceedings the local authority and all other parties come into court in order to assist it in choosing the programme for the child’s future which will best serve his or her welfare. In the case of Mrs Davis the local authority made an incorrect decision as to her fitness. She had a right to be registered and they infringed it. Mrs Davis afforded them the opportunity to review their decision by lodging an objection pursuant to section 77(3) of the Children Act 1989. But they resolved that the decision should stand. In order to establish her right to be registered, Mrs Davis had to appeal to the magistrates’ court. The proceedings were adversarial and the local authority lost the argument. Such were the circumstances for application of the principle that costs should follow the event. Far from being satisfied that the justices were plainly wrong to decide that the local authority should pay the costs of Mrs Davis, I consider that they were right.’
Judges:
Wilson J
Citations:
Independent 08-Jul-1994, Gazette 31-Aug-1994, [1994] 1 WLR 1317
Jurisdiction:
England and Wales
Citing:
See Also – Sutton London Borough Council v Davis FD 17-Mar-1994
Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered. . .
Cited by:
Cited – Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
See Also – Sutton London Borough Council v Davis FD 17-Mar-1994
Local Authority need not be inflexible in assessing fitness of child minder – smacking. A child minder refusing to sign Local Authority’s no-smack undertaking can still be registered. . .
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 . .
Cited – In Re M (A Minor) (Local Authority’s Costs) FD 9-Jan-1995
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 . .
Lists of cited by and citing cases may be incomplete.
Costs, Magistrates
Updated: 09 July 2022; Ref: scu.89634