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Family Law

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29 JUN 2011

COSTS/ CARE PROCEEDINGS: Kent County Council v A Mother, F and X, Y and Z (IR Intervener) (Costs) [2011] EWHC 1267 (Fam)

(Family Division; Baker J; 18 May 2011)

The three children were subject to sexual abuse at the hands of a dangerous paedophile, now in prison. The local authority started care proceedings, arguing that the harm was caused in part by the failure of the mother, who had a learning disability, to care for children.

At least three of the additional court days, and at least one of the extra advocates' meetings, were attributable to the local authority's failure to disclose documents in accordance with its duties.

Held that the local authority had handled disclosure in a wholly unsatisfactory way, and the local authority should pay for the work done outside the Respondents' public funding certificates.


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