Case No. FA-2022-000035

1.This is an appeal against a third party costs order made against Peterborough City Council (the Appellant Local Authority) in ongoing private law proceedings brought by K and L as Applicants, to which the Respondent mother (M), and Respondent fathers (N and P) of the four children concerned were parties, whereby the Judge ordered the Local Authority to pay the “assessed costs of the Applicants to date and the prospective costs of the Applicants and of the Respondent mother, to be assessed at the conclusion of the private law proceedings.” The K and L had applied for such an order and M had supported the application. The Judge had given an opportunity to the Appellant Local Authority to make representations in opposition. The Judge heard submissions on 22 December 2021 before handing down a reserved written judgment on 14 January 2022 and then making his order on 28 January 2022. 2.K and L are now the First and Second Respondent to this appeal but for ease I shall refer to them as the Applicants. In this judgment I set out a chronology of events and of the proceedings in the Family Court, the reasons the Judge gave for his costs order, the relevant law, the parties’ submissions on appeal, and my decision. The Applicants opposed the appeal and appeared in person. The Children’s Guardian was represented at the appeal hearing but took a neutral position. Otherwise there was no appearance at the appeal by or on behalf of the other Respondents notwithstanding that on granting permission to appeal, Morgan J gave them an opportunity to make representations. 3.For the reasons set out below I allow the appeal and set aside the costs order.