0370 270 6000

Local authority required to pay costs of exonerated grandparents

28 January 2011

The Court of Appeal has recently ordered that Kingston upon Hull City Council who had acted properly and could not be criticised for any procedural step taken in care proceedings, pay the costs of the grandparents who joined the proceedings to be exonerated of all allegations of sexual abuse. The costs could be in excess of £50,000.

At first instance the family court Judge concluded that since it had been reasonable for the local authority to pursue the allegations against the grandparents, the door to a successful application for costs on their part was not open. On the particular facts of this case their Lordships disagreed, potentially landing the council with the legal bill (which has yet to be assessed).

The fact finding enquiry lasted 5 ½ weeks. One of the reasons that the grandparents costs were so high was that their solicitor was in court throughout this period. In future we recommend that local authorities make it absolutely clear when they believe unnecessary costs are being run up in open correspondence and ask the Judge hearing the care proceeding to make rulings on what representation is reasonable.

Related opinions

80% hours for 100% pay? That’ll do nicely

As has been widely reported this week, some 3,000 UK workers are taking part in a six month trial to assess the viability of a four-day working week without any reduction in their normal pay.

View blog

Local Health Systems: Relationships not structures

The Local Government Information Unit’s Local Democracy Research Centre report, there are calls for a reinvigorated role for local government as leaders of local health systems, to develop and strengthen relationships of trust, transparency and cooperation.

View blog

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

Wide interpretation of “detriment” caused victimisation claim to succeed

The Employment Appeal Tribunal (EAT) decision in the case of Warburton v The Chief Constable.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up