RR ( Costs Judgement) [2014] EWCOP 34 (08 July 2014)

RR ( Costs Judgement) [2014] EWCOP 34 (08 July 2014)

Milton Keynes Council's substandard practice, including failure to investigate safeguarding alerts, unlawful removal of P, and subsequent procedural failures, directly caused the proceedings and the costs incurred by the 2nd respondent. These exceptional circumstances justify a full costs order against the applicant, departing from the general rule of no order for costs in welfare proceedings.

Citation
[2014] EWCOP 34
Parties
Applicant: Milton Keynes Council; 1st Respondent: RR; 2nd Respondent: SS; 3rd Respondent: TT
Jurisdiction
England and Wales
Judgment Date
08 July 2014
Procedural Posture
Court of Protection Costs Judgment / Post Substantive Judgment; Costs Determination
Outcome
Applicant to pay 2nd respondent's costs of the proceedings to date, subject to detailed assessment unless agreed.
Legal Topics
Costs in Welfare Proceedings, Unlawful Deprivation of Liberty, Safeguarding Failures, Article 5 and 8 ECHR Rights
Mental Capacity Public Law Costs in Welfare Proceedings Unlawful Deprivation of Liberty Safeguarding Failures Article 5 and 8 ECHR Rights

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Parties

Milton Keynes Council

Applicant

RR

1st Respondent

SS

2nd Respondent

TT

3rd Respondent

Procedural Posture

Court of Protection Costs Judgment / Post Substantive Judgment; Costs Determination

Legal Issues

  1. 1 Whether the applicant (Milton Keynes Council) should pay the 2nd respondent's costs in light of unlawful removal and procedural failures
  2. 2 Whether departure from the general rule of no order for costs in welfare proceedings is justified

Ratio Decidendi

Milton Keynes Council's substandard practice, including failure to investigate safeguarding alerts, unlawful removal of P, and subsequent procedural failures, directly caused the proceedings and the costs incurred by the 2nd respondent. These exceptional circumstances justify a full costs order against the applicant, departing from the general rule of no order for costs in welfare proceedings.

Court Disposition

Applicant to pay 2nd respondent's costs of the proceedings to date, subject to detailed assessment unless agreed.

Orders

  • Milton Keynes Council shall pay the 2nd respondent's costs of the proceedings to date, to be subject to detailed assessment unless agreed between the parties.
  • The costs order shall include a detailed assessment of any publicly funded costs of the 2nd respondent.