HB v A Local Authority & Anor (Wardship - Costs Funding Order)

HB v A Local Authority & Anor (Wardship - Costs Funding Order)

The High Court does not have power under its inherent jurisdiction to make a costs funding order against a local authority for a parent lawfully refused legal aid, as such an order would circumvent Parliament's statutory scheme for legal aid and require public expenditure without clear statutory authority.

Parties
Applicant: HB; Respondent: A Local Authority; Intervener: The Local Government Association
Jurisdiction
England and Wales
Judgment Date
21 March 2017
Procedural Posture
Wardship Proceedings Under the Inherent Jurisdiction of the High Court / Ruling on Application for Costs Funding Order
Outcome
Application dismissed
Legal Topics
Wardship, Legal Aid, Costs Funding Orders, Children Act 1989, Inherent Jurisdiction, Radicalisation, Article 6 ECHR, Article 8 ECHR
Family Law Public Law Human Rights Wardship Legal Aid Costs Funding Orders Children Act 1989 Inherent Jurisdiction +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

HB

Applicant

A Local Authority

Respondent

The Local Government Association

Intervener

Procedural Posture

Wardship Proceedings Under the Inherent Jurisdiction of the High Court / Ruling on Application for Costs Funding Order

Legal Issues

  1. 1 Does the High Court have power under its inherent jurisdiction to make a costs funding order against a local authority requiring it to fund legal advice and representation for a parent in wardship proceedings where legal aid has been lawfully refused?
  2. 2 Should wardship or care proceedings be preferred in cases of alleged radicalisation for purposes of legal aid entitlement?

Ratio Decidendi

The High Court does not have power under its inherent jurisdiction to make a costs funding order against a local authority for a parent lawfully refused legal aid, as such an order would circumvent Parliament's statutory scheme for legal aid and require public expenditure without clear statutory authority.

Court Disposition

Application dismissed

Orders

  • Mother's application for a costs funding order against the local authority is dismissed.
  • Upon the local authority issuing care proceedings under Part IV of the Children Act 1989, case management directions will be given to timetable the application to final hearing.