High Court, upon application by a mother of an infant for her costs in proceedings she brought in a successful attempt to have her child return to a specialised secure facility in this jurisdiction, on the grounds that the mother in these proceedings is represented by the Legal Aid Board, and while this cannot be the deciding factor, the mother herself will not suffer any prejudice or gain any advantage from any costs order; and the Supreme Court has indicated that in proceedings such as these, the default position should be to make no order as to costs.
Application for costs on behalf of the mother of the young person the subject matter of these proceedings - mother exhibited concerning behaviours from a very young age that escalated to a point where her mother agreed to place her in voluntary care on or about 5th December, 2012 when minor was 14 years old - a bed in an approved centre was found for minor in September 2014 - by judgment delivered on 18th December, 2014, the High Court made an order for costs in favour of the mother, on the basis that costs should follow the event, this court exercised its discretion to provide a just and equitable result with reference to the particular facts of the case at that stage - plaintiff felt that that the placement was not an appropriate place for her and identified a secure placement in the United Kingdom where she was transferred in November 2014 - mother issued a motion on 27th July, 2015 seeking to compel the plaintiff and/or the notice party to provide an appropriate placement within the State for the minor - after a protracted process of identifying a placement, recruiting staff and identifying suitable accommodation, the minor was ultimately returned to this jurisdiction on 13th April, 2016 - application for costs was brought - mother obtained legal representation from the Legal Aid Board under the provisions of the Civil Legal Aid Act 1995 - submitted on behalf of the defendant that they were not served any of the proceedings by the Legal Aid Board until 2nd October, 2015 - plaintiff not the body with statutory responsibility for the provision of mental health services - notice party did not act improperly - no order for costs made.