District judge erred in refusing a mother her costs of a withdrawn care order

Judicial review – child care – costs of legal proceedings – challenge to the decision of the District Court Judge refusing the mother her costs – on the date of the birth of her child she was informed that there would be an application for a care order -  child was at risk of suffering neglect, harm or impairment of development due to the mother’s homelessness and lack of preparation for the child’s birth - child was at risk of suffering physical abuse by reason that allegations of numerous incidents of physical abuse were made against the mother and her family – separate proceedings in relation to her niece and nephew - report regarding the credibility of the allegations made against the mother – sought discovery of the Child and Family Agency’s child protection concerns and seeking copies of the social work report  - refused legal aid – application for care order withdrawn – mother consented to a supervision order - safety plan was agreed – application for costs - principles to be applied in awarding costs in childcare proceedings in the District Court - more appropriate for an appeal to Circuit Court - not persuaded that the Court should intervene and disturb the District Judge’s decision on costs solely on the basis that the applicant contends that insufficient regard was paid to the merits of the costs application as advocated before the District Judge - District Judge factored into her refusal of the applicant’s costs the fact that the applicant had not been given legal aid due to the quota for certificates having been exceeded in April, 2016  - District Judge decided that rather than visit the vagaries of the Legal Aid Scheme on the respondent, she would visit them on the mother – District Court Judge should not have taken into consideration the fact that the mother had been refused legal aid when refusing her costs.