Following a successful claim for damages on behalf of a child for Human Right breaches, the Judge went a step further to ensure the child received the benefit of that award.
All publicly funded parties are at risk of the statutory charge if they receive any financial award. The statutory charge means that the Legal Aid Agency can re-coup some/all of the costs that they have provided the publicly funded party.
The Judge in this case made a costs order against the Local Authority to ensure that the child received the full damages awarded.
I have found the local authority and the IRO service, both public authorities, on their own admissions, to be seriously at fault and to have breached B’s convention rights in a variety of respects and have concluded that it is appropriate that he should be awarded damages by way of just satisfaction. Another public authority has made regulations which would effectively prevent him from receiving those damages. That cannot be right, and is certainly neither just nor proportionate. The justice of the case demands that B receives his damages and that, therefore, the local authority must pay the entire costs of these proceedings, on the standard basis, to be subject to a detailed assessment if not agreed.