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Straw abolishes court fees for care cases

By Janaki Mahadevan Tuesday, 16 March 2010

Justice Secretary Jack Straw has announced that fees of up to £5,000 incurred by local authorities to bring care cases to court are to be scrapped, following an independent review into the system.

The announcement comes after the publication of Francis Plowden's independent review into court fees, which was commissioned following a recommendation in Lord Laming's report into child protection in England.

Laming asked that a review be undertaken into whether court fees were preventing local authorities from starting care and supervision proceedings.

In a written ministerial statement Straw said: "As part of the review, Mr Plowden considered how budgets were allocated and managed within any local authority area, including how and by whom decisions regarding issuing care proceedings were made.

"He believes that, at the margins, resource issues, including fees, can play a part in determining when care proceedings are initiated, but concludes that it is unlikely that children have been knowingly left at unavoidable risk by local authorities. He therefore recommends that these fees should be abolished."

Fees for care and supervision proceedings by local authorities were increased in May 2008 from £150 to up to £4,825. The Ministry of Justice gave £40m to the Department for Communities and Local Government and the Welsh Assembly in order for this money to be allocated to local authorities in England and Wales so the fee increase would not impact on budgets.

Despite this move Plowden's report said there was a sharp fall in the number of care applications during Spring and Autumn 2008, causing concern the increased fees might be to blame, but he said the more likely cause is the introduction of the new system of taking children into care, the Public Law Outline, in April 2008.

Straw added: "I have agreed the circumstances surrounding the recommendation to abolish court fees are not of sufficient exception to justify breaking the government's commitment to giving local authorities financial stability. I have also considered the fact that funding to cover the cost of the fees has been transferred to local authorities up to and including March 2011.

"I therefore intend to abolish court fees for care and supervision cases with effect from the beginning of April 2011."

 

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