Unpopular but not unlawful. Nicholas Dobson gives the court’s verdict on the hike in child care court fees
Last year’s dramatic hike in court fees for public law child care and placement order applications was brought in to achieve the simple policy objective of fixing fees to reflect the true cost of these applications. But the breathtaking increases (which saw child care applications rising from £150 to £4,825 and those for placement orders from £100 to £400) attracted some sustained public law bombardment from four local authorities in judicial review proceedings brought against the lord chancellor and the secretary of state for communities and local government.
The authorities were London Borough of Hillingdon, Leeds and Liverpool City Councils and Norfolk County Council. They challenged the lawfulness of the court fee increases instituted by the Family Proceedings Fees Order 2008, (SI 2008/1054) and the Magistrates’ Courts Fees Order 2008 (SI 2008/1052). However, their combined firepower was ultimately unsuccessful, despite launching batteries of heavy ordnance loaded with warheads including: failure to consult on the principle; irrationality; discounting of a relevant consideration or decision made
