Government proposals to raise the court fees payable for divorce and other civil actions are “not fit for purpose”, an advisory committee has declared.
But plans have now been heavily criticised by the Regulatory Policy Committee (RPC), a standalone organisation which provides the government with “external independent scrutiny of new regulatory and deregulatory proposals”, examining the evidence for new legislation. The RPC has issued a rare ‘red report’ on the proposals, the paper notes, saying the fee increases would raise more money than required by the Her Majesty’s Courts and Tribunal Service.
“The [proposals] are not fit for purpose…..The proposed change is intended to increase the fees charged to some users of the civil and family courts system beyond the level necessary to recover costs…..The Ministry of Justice has not explained sufficiently the outcome the proposal is intended to achieve – whether the proposal will result in the court service generating an adequate level of revenue to meet its costs, or whether a surplus will be generated.”
There was no “supporting evidence or discussion of the risk”.
The RPC issues green, amber and, less frequently, red reports. It has issued only 12 red reports in the past three years.
Parliamentary Under-Secretary of State for Justice Shailesh Vara defended the plans, saying:
“Hardworking taxpayers should not have to subsidise millionaires embroiled in long cases fighting over vast amounts of money, and we are redressing that balance.”
“Vulnerable groups must also be protected, which is why we are keeping the fees the same for sensitive family issues, including adoption applications and child contact, and scrapping the application fee for victims of domestic violence seeking injunctions to protect themselves.”