E (expert costs), Re

E (expert costs), Re

The court ordered that the local authority must cover the shortfall in expert costs on an interim basis if all other funding avenues fail, as the assessment is exceptional, necessary, and no suitable expert is available within prescribed rates.

Parties
Applicant: Shropshire County Council; Respondent: Mother; Respondent: Father; Respondent: A Separately Represented Child; Respondent: The Children
Jurisdiction
England and Wales
Judgment Date
20 October 2025
Procedural Posture
Care Proceedings / Ex Tempore Decision on Expert Costs
Outcome
conditional order for interim funding of expert costs by local authority if LAA prior authority and internal review fail
Legal Topics
Expert Evidence, Costs, Children Act Proceedings, Local Authority Funding, Legal Aid Agency Funding
Family Law Expert Evidence Costs Children Act Proceedings Local Authority Funding Legal Aid Agency Funding

Case Brief

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Parties

Shropshire County Council

Applicant

Mother

Respondent

Father

Respondent

A Separately Represented Child

Respondent

The Children

Respondent

Procedural Posture

Care Proceedings / Ex Tempore Decision on Expert Costs

Legal Issues

  1. 1 Whether the local authority should cover the shortfall in expert costs for a psychological assessment when rates exceed prescribed limits
  2. 2 Whether the assessment is necessary and exceptional
  3. 3 What avenues for funding are available when LAA prior authority is uncertain

Ratio Decidendi

The court ordered that the local authority must cover the shortfall in expert costs on an interim basis if all other funding avenues fail, as the assessment is exceptional, necessary, and no suitable expert is available within prescribed rates.

Court Disposition

conditional order for interim funding of expert costs by local authority if LAA prior authority and internal review fail

Orders

  • Local authority to cover shortfall in expert costs on interim basis if LAA prior authority and internal review fail.
  • Children's team to submit full application to LAA for prior authority.