Law Society and NSPCC slam plans for 2500% rise in court fees for vulnerable children

The Law Society and NSPCC are warning that plans to increase court fees in care proceedings by more than 2500 per cent could deny vulnerable children access to justice and expose them to serious risk.

The government, in their consultation Public Law Family Fees, has proposed a dramatic increase in court fees for care proceedings from £150 to £4000, which NSPCC and the Law Society warn could deter local authorities from issuing care proceedings to save money.

Although the government plan to set aside £40 million for local authorities for this hike in court fees, this funding will not be ring-fenced, meaning the welfare of many children might be dictated by financial considerations.

Andrew Holroyd, President of the Law Society, says:
"This rise could effectively price children involved in care disputes out of court and deny them the right to justice they need."

"Rather than court proceedings being issued it is likely that compromises will be reached that are influenced more by financial considerations than what is best for these vulnerable children, leaving them at risk and without a voice."

NSPCC director and chief executive Dame Mary Marsh said:
"It is a matter of public interest to ensure that children are kept safe and have access to justice. There is a real and serious risk that vulnerable children and their families will be prevented from having full access to justice if these proposals are implemented because some decisions about taking proceedings in relation to vulnerable children could be finance led."

The Law Society and NSPCC are concerned that local authorities may pursue other strategies to avoid the high costs in care proceedings where a child will not be represented, such as giving parents a second chance in cases of neglect or encouraging them to agree to the child being voluntarily accommodated temporarily instead of issuing proceedings.

Andrew Holroyd says: "The interests of children are in danger of being made a secondary factor under these plans when they should be central. The Law Society will be working with NSPCC to ensure these concerns are expressed in the consultation process."