Date: 23 April 2013

Council counts the costs

Lancashire County Council has been ordered to meet the costs of the applicants in the case of A and S (Children) v. Lancashire County Council [2012] EWHC 1689.

The case concerned two brothers who had been taken into the care of Lancashire County Council in 1998. Mr Justice Peter Jackson found Lancashire County Council liable for the degrading treatment suffered by the two boys who had spent nearly all of their lives in care.

The two brothers had 173 placements between them and were in foster care for 13 years.

In proceedings relating to the costs of the main application, Mr Justice Peter Jackson said:

“[Lancashire County Council’s] conduct in relation to these boys over many years was blatantly unlawful and unreasonable and led inexorably to substantial litigation”

Donna Tilbrook, senior partner and head of the Care Department at Best Solicitors said in response to this unusual case, “It is important that in any proceedings involving children, the children’s welfare is the most important consideration. This is a sad but important case and one which ought to be viewed as a warning to local authorities that whilst unusual, cost orders can still be made against them”.

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