Report’s findings could trigger an end to the controversial fees
A £4,000 court fee for child care proceedings could be scrapped following a report into the tragic case of Baby P.
Lord Laming’s report, published on 12 March, looks at whether the reforms he proposed after the death of Victoria Climbié in 2000 have been implemented. It makes 58 recommendations, including the appointment of an independent person to undertake a review of the impact of court fees, with a view to abolishing them from 2010–11 onwards.
Court fees for care proceedings were controversially raised from about £150 to about £4,000 in May 2008.
Lord Laming says, in his report: “It is of concern that the need to pay a fee might sometimes present a barrier that could influence a local authority’s decision as to whether or not to commence care proceedings... If even in one case a local authority is deterred in taking action, that is one case too many.”
Children’s Secretary Ed Balls MP has said there will be a review of court fees and that if there is evidence the fees are a barrier for local authorities when deciding whether to proceed, the government will abolish them. He has accepted all of Lord Laming’s recommendations.
Commenting on Mr Balls’s statement, Lucy Theis QC, chairman of the Family Law Bar Association, says: “The minister’s response, set out very clearly the huge challenge faced by those dealing with vulnerable families on a daily basis.
“The support and expertise of the Family Bar, which provides specialist representation by dedicated practitioners who often have to deal with incredibly difficult situations involving child protection, is vital if we are to give the public the service they deserve.”
Desmond Browne QC, chairman of the Bar, says: “It was inevitable that an increase from £150 to £4,825 for a fully contested matter would deter some authorities from acting.”
Lord Laming’s report, The Protection of Children in England: A Progress Report, warns there has been an “over-emphasis on process and targets” within social work departments, which has caused already overstretched social workers to lose confidence. It calls for better communication between agencies, on-thejob training for social work students, and for directors with no child protection experience to appoint an experienced social work manager to support them.
Lord Laming adds: “Rather than feeling valued for their commitment and expertise, professionals across these services often feel undervalued, unsupported and at risk.”
