Home Office fees of £1012 for a Child Registration as a British citizen is unlawful.

In a landmark case, The Court of Appeal decided that the current fee of £1012 breaches children’s best interest and welfare. R (The Project for the Registration of Children As British Citizens & Ors) v Secretary of State for the Home Department [2019] EWHC 3536 (Admin).

The case was brought by a 13-year-old child, known only as O. She was born in the UK. She was unable to afford the fee to register. The other party in the proceedings was the campaign group The Project for the Registration of Children as British Citizens (PRCBC).

The Home Office appealed against a previous decision from the High Court where it was held that the Home Office had failed to discharge its duty to assess the best interests of children and give crucial consideration to these interests in setting the fee.

The High Court decision was upheld by The Court of Appeal and dismissed the Home Office appeal. It was held that, through evidence produced at court, children were faced with difficulties and welfare issues because of the excessive fee. The Home Office was found to make excessive profits from the application process.

As a result of this judgement, Home Office is expected to review their fee structure for British registration applications for children. However, there can be appeals to the Supreme Court from either or both parties which would have an impact on the fee structure.