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Vulnerable children could be exposed to serious risk by government plans to hike court fees for care proceedings, family law experts warn. The government proposes raising the fees for care proceedings by 2,500%, from £150 to £4,000, in its December consultation, Public Law Family Fees. Local authorities will be allocated an extra £40m to account for this.
However, the funding will not be ring-fenced. The NSPCC and the Law Society say this means financial considerations could deter local authorities from issuing care proceedings in favour of lower-cost strategies where the child is not represented. This could involve giving parents a second chance in cases of neglect, or encouraging them to agree to the child being voluntarily accommodated temporarily instead of issuing proceedings.
Andrew Holroyd, president of the Law Society, expresses his concern: “This rise could effectively price children involved in care disputes out of court, and deny them the right to justice they need.
“Rather than court proceedings being issued, it is likely that compromises will be reached that are influenced more by financial considerations than what is best for these vulnerable children, leaving them at risk and without a voice.” He says the interests of children are in danger of being made a secondary factor under these plans when they should be central. “The Law Society will be working with the NSPCC to ensure that these concerns are expressed in the consultation process,” he says. NSPCC director and chief executive Dame Mary Marsh comments: “There is a real and serious risk that vulnerable children and their families will be prevented from having full access to justice if these proposals are implemented because some decisions about taking proceedings in relation to vulnerable children could be finance led.”
The Public Law Family Fees consultation period continues until 11 March.
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