Two grandparents from Halifax have finally reached a settlement with Calderdale Council in relation to their granddaughter who they have been caring for since March 2013.

Their granddaughter was placed in their care after the child’s mother told social services that she was unable to care for the child and wanted her to be placed in foster care. The social worker asked whether there would be anyone in the family who might care for her and the mother gave her our clients’ details. The social worker took the child to the grandparents’ house and asked them to take care of her making clear that the alternative would be for her to be placed with stranger foster carers.

The grandparents did not know where to turn and came to speak to Helen Jarvis of Ridley & Hall Solicitors, Huddersfield who advised them that they may have a case against the council.

Miss Jarvis commented:

“This case should never have taken 11 months to settle. The council had legal responsibilities which they were determined to duck.

Clearly the local authority placed my clients’ grandchild in their care and if they had not have stepped in, the child would have been placed in local authority care. As there were no private law orders in place, the local authority should have been paying my clients a weekly allowance for their granddaughter, at the current fostering rates.

I initially wrote to Calderdale on 9th December 2013 but received no response. A pre-action letter was sent to them on 7th January 2014 to inform them that we intended to issue court proceedings if the matter could not be resolved without court intervention.

Like many other grandparents in these situations, my clients were struggling financially with another mouth to feed and were finding it really tough.

My clients eventually received a phone call from social services at the end of January 2014 confirming that the child should be classed as a ‘Looked After’ child and that my clients should have been paid a fostering allowance since March 2013 when they placed her. They agreed to assess my clients as foster carers for the child.

Commenting the grandfather said:

“It has only taken 11 months! They are finally going to pay us what we are owed. Thank you to Ridley & Hall and Helen Jarvis. Never give up!”

Miss Jarvis commented, “Calderdale Council has now paid my clients a back dated sum of £7,350 and from now on my clients will be receiving a weekly allowance in line with the fostering rates for that area.”

For more information contact Helen Jarvis on 01484 538421.