HB v PB

HB v PB

The London Borough of Croydon failed fundamentally and systemically to investigate and report on serious allegations of fabricated illness as required by section 37 Children Act 1989 and statutory guidance. These failures were not minor but extensive, leading to wasted hearings and costs. The local authority was...

Source-derived case information.

Parties
Mother: HB; Father: PB; Child: OB (a child, by his Guardian, Denise Hart); Local Authority (non Party, Respondent on Costs): The London Borough of Croydon
Jurisdiction
England and Wales
Judgment Date
09 July 2013
Procedural Posture
Private Law Children Act 1989 Proceedings / Post Fact Finding Hearing; Application for Costs Order Against Non Party Local Authority
Outcome
Costs order granted against the London Borough of Croydon in favour of the father.
Legal Topics
Costs Against Non Parties, Section 37 Children Act 1989, Fabricated or Induced Illness, Local Authority Duties, Summary Assessment of Costs
Family Law Child Law Civil Procedure Costs Against Non Parties Section 37 Children Act 1989 Fabricated or Induced Illness Local Authority Duties Summary Assessment of Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

HB

Mother

PB

Father

OB (a child, by his Guardian, Denise Hart)

Child

The London Borough of Croydon

Local Authority (non Party, Respondent on Costs)

Procedural Posture

Private Law Children Act 1989 Proceedings / Post Fact Finding Hearing; Application for Costs Order Against Non Party Local Authority

Legal Issues

  1. 1 Whether a costs order should be made against a non-party local authority for failures in a section 37 Children Act 1989 report
  2. 2 Whether the local authority's conduct met the threshold for an 'exceptional' order against a non-party
  3. 3 Whether the local authority failed to follow statutory guidance and adequately investigate allegations of fabricated illness

Ratio Decidendi

The London Borough of Croydon failed fundamentally and systemically to investigate and report on serious allegations of fabricated illness as required by section 37 Children Act 1989 and statutory guidance. These failures were not minor but extensive, leading to wasted hearings and costs. The local authority was sufficiently closely connected to the proceedings to justify a costs order against it as a non-party. The circumstances were exceptional and it was just to order the local authority to pay the father's costs of the wasted hearings.

Court Disposition

Costs order granted against the London Borough of Croydon in favour of the father.

Orders

  • The London Borough of Croydon shall pay the father's costs of the wasted hearings in December 2012, summarily assessed at £10,311.