Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
Practical aspects to assessing competence in children
Rebecca Stevens, Partner, Royds Withy KingThis is an article regarding the practical aspects to assessing competence in children. The article explores a range of practicalities, such as meeting a...
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
View all articles

Respondents' concerns to fees consultation 'misplaced', says Government

Sep 29, 2018, 17:25 PM
Slug : 23-06-2008-respondents-concerns-to-fees-consultation-misplaced-says-government
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 23, 2008, 04:24 AM
Article ID : 89959

The Ministry of Justice has published its response to the Public Law Family Fees consultation which closed in March 2008.

The consultation described the Government's strategy for developing the fees system in the civil and family courts of England and Wales. It set out its proposals to make changes to court fees in relation to Public Law Children Act process and to make changes to fees for Adoption proceedings. The Government also sought views on how fees could be structured in relation to Care Proceedings.

In total, there were one hundred and eleven responses to the consultation.

The majority of respondents did not agree with the principle of full cost recovery generally, or more specifically in relation to public law children cases.

The Government responded by saying that charging for services provided by one department to another promotes the efficient allocation of resources, by providing paying authorities with a greater incentive to use services efficiently. It also said that charging for services provides greater visibility of the true cost and benefits of the services provided.

One hundred and seventy-seven comments expressed concern about whether adequate money had been provided to Local Authorities to enable them to pay for the increases.

In response the Government said that additional funding to cover an increased liability for court fees of up to £40m, has been provided for in the local authorities CSR07 spending settlement and built into the Revenue Support Grant totals. This applies to all three years of the settlement period (2008/09-2010/11) and will form part of the baseline for future spending reviews.

Thirty-three comments were received about children being at risk because of the increases to court fees.

The Government maintains that local authorities, through their childrens services departments, are under a statutory obligation to protect the interests of children. It believes that this will protect children as it would be unlawful for local authorities to avoid taking court proceedings for financial reasons.

The Government argues that the average cost to local authorities of a care case is £35,000 and it says it costs about £40,000 to keep a child in care for a year with the average duration of a care order being 6 years. It argues that if local authorities were influenced by financial considerations, these existing costs would be more significant than the new court fees.

The Government concluded that the respondents concerns were 'misplaced'. Not surprisingly, it has decided to proceed with the proposed changes, which took effect on 1 May 2008.

To read the full response to the consultation on the Ministry of Justice's website click here.

Categories :
  • News
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from