Re Z (Disclosure to Social Work England: Costs)

Re Z (Disclosure to Social Work England: Costs)

Social Work England, as the regulatory body and original applicant for disclosure, acted unreasonably by failing to challenge or seek reasons for the refusal of disclosure, prompting the mother to appeal at her own cost. SWE should have been the appellant. However, SWE's subsequent conduct as an intervener was reasonable and supportive. The father acted reasonably throughout and should not be liable for costs. The appropriate order is for SWE to pay two-thirds of the mother's costs.

Parties
Appellant: Mother; Respondent: Father; Intervener: Social Work England
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Family Appeal / Costs Determination Following Appeal Judgment
Outcome
Application for costs against Social Work England allowed in part; application against father dismissed.
Legal Topics
Costs Orders, Disclosure to Regulatory Bodies, Domestic Abuse Findings, Fitness to Practise Proceedings
Family Law Regulatory Law Costs Orders Disclosure to Regulatory Bodies Domestic Abuse Findings Fitness to Practise Proceedings

Case Brief

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Parties

Mother

Appellant

Father

Respondent

Social Work England

Intervener

Procedural Posture

Family Appeal / Costs Determination Following Appeal Judgment

Legal Issues

  1. 1 Whether Social Work England or the father should pay the mother's costs of the appeal regarding disclosure of a fact-finding judgment
  2. 2 Whether the conduct of Social Work England and/or the father was unreasonable so as to justify a costs order

Ratio Decidendi

Social Work England, as the regulatory body and original applicant for disclosure, acted unreasonably by failing to challenge or seek reasons for the refusal of disclosure, prompting the mother to appeal at her own cost. SWE should have been the appellant. However, SWE's subsequent conduct as an intervener was reasonable and supportive. The father acted reasonably throughout and should not be liable for costs. The appropriate order is for SWE to pay two-thirds of the mother's costs.

Court Disposition

Application for costs against Social Work England allowed in part; application against father dismissed.

Orders

  • Social Work England to pay the mother £7,010.32 within 28 days, representing two-thirds of her reasonable costs.
  • No order for costs against the father.