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20 November 2008
Issue: 7346 / Categories: Legal News , Child law , Family
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The cost of child protection

Case of Baby P highlights fl aws in the care system

Large increases to application fees could discourage some local authorities making applications to court in child protection cases, hindering attempts to protect vulnerable children like Baby P, lawyers claim.

From 1 May this year, the fee paid by a local authority to go to court to protect a child at risk from abuse rose from £150 to £5,225 for a fully contested court case.

In the Old Bailey last week, two men and a woman were convicted of causing or allowing the death of 17- month-old Baby P, who died after a sustained period of abuse. An inquiry into the circumstances leading to P’s death has been launched.

Noel Arnold, deputy head of the children law department at Fisher Meredith LLP, says that recent changes to how children’s services operate may also put the safety of some children at risk. “Children’s services must make robust decisions and, where safeguarding concerns are significant or grave, the relevant application to court should be made. That might be to share parental responsibility of the child with those who already hold it or to be able to remove the child from the home,” he says.

Arnold continues: “There is widespread concern that changes in procedure and guidance as well as the massive increase in the court application fee payable by children’s services may be discouraging some local authorities from making applications to court.”

However, Arnold believes that despite the tragic circumstances of Baby P’s case, the urge to routinely remove children from their families at an earlier stage should be resisted: “Any steps in this direction should be made with caution as children in the care system fare worse on nearly every indicator used to measure outcomes for children.”

Issue: 7346 / Categories: Legal News , Child law , Family
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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