keep The Family Proceedings Fees (Amendment) (No. 4) Order 1997
This Order amends the Family Proceedings Fees Order 1991 to expand fee exemption eligibility in family court proceedings. It replaces a specific reference to 'income support' with the broader term 'any qualifying benefit' and defines qualifying benefits as income support, family credit, disability working allowance, and income-based jobseeker's allowance under specified social security legislation.
Removing this exemption would deny access to family courts for individuals on means-tested benefits, preventing vulnerable families from seeking legal remedies. While fee exemptions create some market distortion, the alternative—excluding those who cannot afford fees from judicial process—imposes far greater social and economic costs that cannot be resolved through market mechanisms.