Families at risk in full cost recovery

The government’s implementation of full cost recovery in the family courts has put care proceedings at risk by providing local authorities with a financial disincentive to issue child protection orders.

In May 2008 the government introduced increases in the cost of issuing care proceedings (that proceed to a final hearing) by more than 2,500%, from £150 to £4,825. The sharp increase in the cost of issuing proceedings has in turn led to a decrease in the number of applications for child protection orders by local authorities.

Lucy Theis QC, chairman of the Family Law Bar Association, says that because funds made available to local authorities in the form of central government grants have not been ring-fenced, the welfare of children is at risk.

“The purpose of care proceedings is to ensure the welfare of children suffering or at risk of suffering significant harm is safeguarded and promoted by the state. These safeguards are put at risk as the changes provide a direct financial disincentive to local authorities to issue proceedings and remove the structure of protection that are provided within court proceedings,” she says.

Theis says the government’s proposed cuts of £12m from the budget that pays for representation by barrister in family cases will add additional suffering to those involved. “It is the parents and children with no voice who will be left with either no representation or no experienced representation, when the state wants to take their children into care. It is that stark,” she says.

She continues: “In targeting vulnerable children and families with these latest planned cuts at a time when robust legal representation is most needed, the government will deny justice to those who otherwise have no effective voice in the system.”