header-logo header-logo

20 November 2008
Issue: 7346 / Categories: Legal News , Child law , Family
printer mail-detail

The cost of child protection

Case of Baby P highlights fl aws in the care system

Large increases to application fees could discourage some local authorities making applications to court in child protection cases, hindering attempts to protect vulnerable children like Baby P, lawyers claim.

From 1 May this year, the fee paid by a local authority to go to court to protect a child at risk from abuse rose from £150 to £5,225 for a fully contested court case.

In the Old Bailey last week, two men and a woman were convicted of causing or allowing the death of 17- month-old Baby P, who died after a sustained period of abuse. An inquiry into the circumstances leading to P’s death has been launched.

Noel Arnold, deputy head of the children law department at Fisher Meredith LLP, says that recent changes to how children’s services operate may also put the safety of some children at risk. “Children’s services must make robust decisions and, where safeguarding concerns are significant or grave, the relevant application to court should be made. That might be to share parental responsibility of the child with those who already hold it or to be able to remove the child from the home,” he says.

Arnold continues: “There is widespread concern that changes in procedure and guidance as well as the massive increase in the court application fee payable by children’s services may be discouraging some local authorities from making applications to court.”

However, Arnold believes that despite the tragic circumstances of Baby P’s case, the urge to routinely remove children from their families at an earlier stage should be resisted: “Any steps in this direction should be made with caution as children in the care system fare worse on nearly every indicator used to measure outcomes for children.”

Issue: 7346 / Categories: Legal News , Child law , Family
printer mail-details

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll