In the matter of S (A Child)

In the matter of S (A Child)

The Supreme Court held that the general rule against costs orders in children’s cases applies equally to appeals in care proceedings. Costs orders should only be made in unusual circumstances, such as reprehensible behaviour or unreasonable conduct. None of the exceptions applied in this case, so the costs order against the local authority was set aside.

Parties
Mother: Ms A; Father/respondent/appellant in Court of Appeal: Amelia's Father (Respondent); Applicant/respondent in Supreme Court/appellant in Supreme Court: Local Authority; Intervener: Access to Justice Foundation
Jurisdiction
England and Wales
Judgment Date
25 March 2015
Procedural Posture
Appeal (care Proceedings Children) / Supreme Court Judgment
Outcome
Appeal allowed; costs order set aside
Legal Topics
Costs in Children’s Proceedings, Care Orders, Appeals, Pro Bono Costs
Family Law Child Law Civil Procedure Costs in Children’s Proceedings Care Orders Appeals Pro Bono Costs

Case Brief

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Parties

Ms A

Mother

Amelia's Father (Respondent)

Father/respondent/appellant in Court of Appeal

Local Authority

Applicant/respondent in Supreme Court/appellant in Supreme Court

Access to Justice Foundation

Intervener

Procedural Posture

Appeal (care Proceedings Children) / Supreme Court Judgment

Legal Issues

  1. 1 Whether the general rule against costs orders in children’s cases applies to appeals in care proceedings
  2. 2 Whether the local authority should pay the father’s costs of a successful appeal in care proceedings
  3. 3 Whether exceptions to the general rule (reprehensible or unreasonable conduct) apply

Ratio Decidendi

The Supreme Court held that the general rule against costs orders in children’s cases applies equally to appeals in care proceedings. Costs orders should only be made in unusual circumstances, such as reprehensible behaviour or unreasonable conduct. None of the exceptions applied in this case, so the costs order against the local authority was set aside.

Court Disposition

Appeal allowed; costs order set aside

Orders

  • The costs order made in the Court of Appeal is set aside.