Legal Aid to pay for some Court Reports in child cases

The Court of Appeal has taken a decision which will help some children in some kinds of court cases. The decision concerns who pays for expert reports which are ordered by the Court. Although it is an important ruling, it must be stressed that it applies only in a small number of cases.

When a case comes to court, whoever brings it will usually present evidence to back up their argument. If a party has legal aid to bring or defend their claim, usually the legal aid will cover the cost of preparing any expert reports needed in evidence. If a child brings a case to Court, the child will be represented by an adult, usually the child’s parents.

The question the Court of Appeal considered was who should pay for an expert’s report which has not been prepared because the parent acting for the child thought it necessary but because the Court ordered that it be obtained, taking the decision out of the parents’ hands. If the child does not have legal aid for the case, should be parents still be made to pay for the report because it is part of the legal costs of the child’s case, or should Legal Aid cover the cost on the grounds that the report was ordered by the Court.

The Court of Appeal has decided that in these circumstances, Legal Aid should cover the cost of the report.  This is particularly useful, as reports from experts can be particularly expensive and need paying when they are done (or shortly afterwards) rather than waiting till the end of a case when liability for costs is decided.

The Law Society has welcomed the judgment, which it sees as meaning that in future the Legal Aid Agency must look at the facts of a specific case to decide whether it should pay the fees in full.  It also means that where unrepresented parents cannot afford to commission expert evidence but the court and the child’s guardian considers such evidence necessary, it may still be appropriate for the full costs to be borne by the child through their legal aid certificate.

There are still many injustices in the legal aid system, with children being particularly hard hit – but at least one small loophole has now been closed, in favour of the child.