Court fee rise 'could cause harm'

http://news.bbc.co.uk/go/rss/-/1/hi/uk/7403028.stm

Version 0 of 1.

Increases to court fees for child care cases could discourage local authorities from not bringing cases to court, lawyers have said.

From 1 May, fees for care proceedings increased from £150 per case to up to £4,825 as the government wants courts to be "self-financing".

The Law Society said it was concerned local authorities would let financial considerations dictate children's care.

The Ministry of Justice has denied the claim, saying it wants a fair system.

The government is setting aside £40m to help cover the rise but the Law Society believes that, because the money is not ring-fenced, the welfare of many vulnerable children may be dictated by financial considerations.

Des Hudson, chief executive of the Law Society, questioned why local authorities should have to pay increased fees when other agencies did not.

It's unfair to say that this will be the cost in every case, because that's untrue Bridget PrenticeMinistry of Justice

"The Crown Prosecution Service don't pay a fee to bring a prosecution, the police aren't paying fees to bring cases before magistrates court, so why do we need to do that in this instance?

"Our major concern is this: if this increased court fee puts pressure on local authorities, who - let's be frank - are financially stretched....and cases aren't brought before a court, that raises some very serious issues.

"It seems to me that it's vitally important for the quality of our democracy, for the quality of our country that we are citizens of, that our courts are available to all of our citizens. In this instance we are talking about citizens who are the most vulnerable - children who are the victims of serial neglect or serious abuse."

He questioned how the money would be allocated for such cases, as it was not ring-fenced.

A family law solicitor, speaking anonymously to BBC Radio 5 Live, also raised concerns about the additional fee.

She said: "When we've already generally gone through a lengthy process of registration and trying to work with families, trying to make the neglect less, trying to support parents, when we've decided that nothing more can be done, these parents really can't manage...it then becomes 2,000% more expensive to get over the final step to get it into court."

But junior justice minister Bridget Prentice defended the increase.

'Best for child'

"The reason fees have gone up is because we want to create a sustainable self-funding system for all civil and family courts. There is a comprehensive guide from the Treasury about how fees should be allocated."

She said it was "highly unlikely" that a case cost the full £4,825 fee, with the system designed so that more work is done before the case gets to court.

"It's unfair to say that this will be the cost in every case, because that's untrue."

She dismissed claims that financial considerations would dictate care proceedings.

"Of all the people we've consulted, those most close to the children who are vulnerable...every single one of them has said they wouldn't expect any local authorities to fail to comply with their statutory obligations."

She emphasised that children were the key consideration.

"This is about making sure the child is at the heart of the system, and that what is best for the child is reached as early as possible and going through the court system is not always the best solution for the child."