The HSE has withdrawn its Supreme Court appeal against a significant ruling that an impoverished mother whose children were taken into care has the same right as a wealthy individual to hire private lawyers, rather than seek legal aid, in an effort to get her children back.
The HSE, which previously said the High Court ruling has “catastrophic” costs implications for the public finances, has indicated it may pursue, in an appropriate case, arguments that costs orders should almost never be made against it in cases concerning the welfare of children.
The Chief Justice, Ms Justice Susan Denham, also granted an application by John Rogers SC, with Margaret Farrelly BL, for the mother, for costs of the appeal against the HSE. The HSE had appealed Ms Justice Iseult O’Malley’s decision on legal issues which arose after the mother’s lawyers asked the District Court for costs against the HSE of proceedings which ultimately resulted in her children being returned to her care. Click here for full story