E and H (care proceedings - alleged FII - costs), Re [2023] EWFC 69 (B) (14 April 2023)

E and H (care proceedings - alleged FII - costs), Re [2023] EWFC 69 (B) (14 April 2023)

The local authority failed to follow established legal and procedural guidance in FII cases and EPO applications, acted precipitously without adequate investigation or evidence, and prolonged proceedings unnecessarily. Its conduct was unreasonable and open to criticism, justifying a costs order against it.

Citation
[2023] EWFC 69 (B)
Parties
Applicant: A Local Authority; Respondent Mother: Mrs X (a mother); Second Respondent Father: Mr X (a father); Third Respondent Child: Emma; Fourth Respondent Child: Harry
Jurisdiction
England and Wales
Judgment Date
14 April 2023
Procedural Posture
Care Proceedings Under Children Act 1989 / Final Judgment With Costs Determination
Outcome
Application dismissed with no order on the local authority's substantive application; costs order made against the local authority.
Legal Topics
Emergency Protection Orders, Fabricated or Induced Illness (fii), Costs in Family Proceedings, Children Act 1989, Safeguarding Procedures
Family Law Child Protection Emergency Protection Orders Fabricated or Induced Illness (fii) Costs in Family Proceedings Children Act 1989 Safeguarding Procedures

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Parties

A Local Authority

Applicant

Mrs X (a mother)

Respondent Mother

Mr X (a father)

Second Respondent Father

Emma

Third Respondent Child

Harry

Fourth Respondent Child

Procedural Posture

Care Proceedings Under Children Act 1989 / Final Judgment With Costs Determination

Legal Issues

  1. 1 Whether the local authority acted lawfully and proportionately in seeking and obtaining an emergency protection order (EPO) for the children
  2. 2 Whether the mother fabricated or induced illness in the children (FII)
  3. 3 Whether the local authority should be ordered to pay costs due to its conduct in the proceedings

Ratio Decidendi

The local authority failed to follow established legal and procedural guidance in FII cases and EPO applications, acted precipitously without adequate investigation or evidence, and prolonged proceedings unnecessarily. Its conduct was unreasonable and open to criticism, justifying a costs order against it.

Court Disposition

Application dismissed with no order on the local authority's substantive application; costs order made against the local authority.

Orders

  • Interim supervision orders discharged; no public law orders made.
  • Costs order: local authority to contribute to parents' costs as specified in the judgment.