An Aunt who had been massively let down by her Local Authority is celebrating a triple victory. After taking on the care of her nephew, at the local authority’s request she got no financial support and had no parental responsibility. Working with Ridley & Hall’s specialist team she obtained the following;

1. A compensation payment of £21,000.
2. An ongoing weekly allowance worth £142 per week until her nephew is 18
3. A Special Guardianship Order giving her the power to make the key decisions for her nephew

Miss Parker had been caring for her nephew for a period of 8 years after he was injured in the care of his mother. The Local Authority played a significant role in asking Miss Parker to care for her nephew but then failed to support her in caring for him both practically and financially.

Toby had complex needs including Global Development Delay, autism and attachment difficulties, all diagnosed through CAMHS. Miss Parker asked the Local Authority to assist her in meeting Toby’s needs and was told that they could not assist as the placement was a private arrangement.

Miss Parker sought legal advice from Helen Moody at Ridley & Hall Solicitors. She could not afford any legal fees and so a pro bono letter was sent to the Local Authority. After some months, the Local Authority agreed that in hindsight, they should have treated the placement as their responsibility. They agreed to pay Miss Parker’s legal fees to obtain a Special Guardianship Order. They also agreed to consider paying an ex gratia payment in lieu of payments that Miss Parker could have been receiving since the day she began caring for Toby.

Miss Parker did not have sufficient funds to challenge the matter of payments any further and therefore accepted the Local Authority’s offer of assistance.

The proceedings were commenced and were vehemently contested by Toby’s mother who did not consider that a Special Guardianship Order should be granted. She also sought direct contact with Toby despite a very difficult relationship with Miss Parker and limited contact with Toby over the last few years.

The Local Authority put together a report to the Court which stated that they felt that Toby’s mother should not have direct contact at this stage. Miss Parker agreed with their recommendation. She felt that she would not be able to manage contact in Toby’s best interests due to the extreme aggression and abuse towards her from mother.

The Local Authority made it clear that they would support Miss Parker and pay her a Special Guardianship Order allowance limited to 2 years post Order.

Helen Moody commented, “Although a Local Authority has a discretion to provide financial support to a carer, in this case, due to the child’s highly complex needs, I considered that there was a argument that the payments should be paid for a longer period. I asked the Local Authority to consider payments until the child reached 18 years old. This would enable my client to appropriately care for Toby into his adulthood and to enable him to continue to thrive in his placement with his aunt, to whom he clearly had a very strong connection to”.

At Court, Laura Milburn of Ridley & Hall represented Miss Parker. She argued in relation to the type of Order required and set out for the Court the reasons why Miss Parker ought to have enhanced Parental Responsibility for Toby given the difficulties in her relationship with the mother. She also argued that, as per the Local Authority’s recommendation, direct contact between Toby and his mother at this stage was not appropriate. Finally, Miss Milburn reiterated Mrs Moody’s comments in relation to financial support.

The Court heard submissions from all parties and evidence from the Social Worker and granted a Special Guardianship Order to Miss Parker. The Court made it clear that they did not recommend that the mother have any direct contact with Toby at this stage.

The Local Authority also made a decision that the facts of this case, in particular in relation to Toby’s complex needs meant that they would agree to payment of the Special Guardianship Order allowance to Miss Parker until Toby reaches the age of 18. They also made an offer to Miss Parker of an ex gratia payment of £21,000 in recognition for the commitment that she shown Toby and the care that she has provided to him.

Miss Parker commented, “Helen I cannot thank you and Laura enough, you have both been amazing. I found out about the Local Authority agreeing to pay when I arrived at the Court and I was really pleased as it will help a lot. Laura was really supportive and she was also really fair with my sister. The SGO process has been so stressful and now I feel like I can breathe again and we are both very happy with the outcome. I cannot thank you enough, you have such a rewarding role”.

If you are caring for a family member and want information about support or permanency, please contact our specialist Kinship legal team on 01484 538421 or please fill in the online enquiry form.

Solicitors Helen Moody & Laura Milburn