What is claimed to be the second-largest ever pro bono costs order has been awarded against a local authority which tried to prevent a 15-year-old from going abroad for transgender surgery. The cash will go to a charity which helps people receive free legal representation.
The young person, referred to in the judgment as Sam, was born abroad and remained a citizen of the county he wanted to travel to with his parents for a double mastectomy. Sam, who is now aged 16, was assigned to the female gender at birth, but has lived socially as a boy for some years and did not regard himself as a trans-sexual.
The council, which cannot be identified for legal reasons, had launched proceedings against the family, but later withdrew after accepting it was not possible to prove its case.
Sir Andrew McFarlane, president of the Family Division, awarded costs in favour of Sam’s parents in February, after finding the local authority acted 'unreasonably' by not reviewing its decision to proceed against them at an early stage. He said: 'The parents' representation by experienced solicitors and two counsel has been undertaken on an entirely pro-bono basis. This professionally and personally generous activity has been of benefit both to the parents and to the overall process.
'Those involved are entitled to respect and gratitude for all that they have done over many hours and days during these past eight months.'
The recipient of the pro bono costs order will be the 'relevant charity', as outlined in section 194 of the Legal Services Act 2007, which is the Access to Justice Foundation.
In a statement, the Access to Justice Foundation said: 'This year, Payne Hicks Beach LLP acted in a case on a pro bono basis which resulted in the second-largest award under a pro bono costs order being paid to the Access to Justice Foundation. After eight months of litigation, including several hearings in the High Court, a local authority abruptly sought permission to withdraw at the start of a five-day final hearing, having recognised that it was not possible to prove their case.
'The Access to Justice Foundation receives these funds and distributes them back into pro bono work, enabling more families to resolve their issues, tackle discrimination and hold public bodies to account.'
The foundation would not disclose the amount of the order.
