A GRANDMOTHER who battled for five years with Kent County Council to be paid the same rate as a foster carer for looking after her granddaughter, has won her case in the High Court in London.
The grandmother who cannot be named for legal reasons, fought for the right to be paid fairly for looking after the 15year-old girl since she took over her care at the eleventh hour in 2005 at the request of Kent social services.
The grandmother who has now retired to look after the child was receiving just £63.56 a week for her care – over £80 per week short of the average foster parent who gets around £146.23 weekly. She is now 64 years of age.
Her case was heard before the High Court in London earlier this year. Kent County Council fought the case all the way.
In a landmark decision, Mrs Justice Black gave judgement on 7th May against the County Council. The decision means that the grandmother will now receive the same support as a foster carer. She will also get back payments from the council for their failure to pay the right allowance. She gave leave to the County Council to appeal her decision.
Nigel Priestley, of Huddersfield law firm Ridley & Hall, who represented the grandmother, said:
“We’re delighted with the outcome. The County Council argued that they had no duty to the child even though their fingerprints were all over the case. Kent holds itself out as a model authority but it has been left with egg on its face. It put forward the radical suggestion that it had no significant financial duty to a child they had placed with a relative. They denied that she should be treated as a “looked after” child. The Judge rejected this argument.
“This case should not have been necessary. This case is a landmark case for Kent. It has implications for many children Kent has placed with relatives. Many carers will be losing out. That’s why Kent wants to appeal the decision. I am disappointed that Kent wants to appeal. Sadly it shows just how little they value the relatives who are making enormous sacrifices for their grandchildren”
If the decision is upheld by the Court of Appeal it is going to cost Kent a five-figure sum in legal costs and back payments. There is nothing quite like a court case to remind local authorities what they should and should not be doing.’’

Mr Priestley, who specialises in fighting cases for foster carers who look after relatives, said that the child in question had been looked after her mother, but social services had contacted her grandmother just before Christmas in 2004. She was faced with the stark choice – “Care for the child or she goes into care”.
He added that the council then took the “very unusual” standpoint that the grandmother’s care of the child was a private arrangement between the mother and grandfather.
Mr Priestley and his client launched a judicial review to challenge the decision of the authority. The judge confirmed that this was the only action she could have taken to make Kent change its mind.
Unfortunately the grandmother’s situation is not unusual in Kent. According to Mr Priestley, a trustee of the Family Rights Group, because of a shortage of foster carers, “kinship” carers are increasingly being used. However, local authorities are not supporting them. He said:
“Grandparents and other relatives are stepping in to care for children because there is a shortage of foster parents and carers.
“They shouldn’t have to find themselves battling with the local authority for support.
“This woman was asked by the local authority to step into the breach and she has to given up ha great deal to care for the child.
Mr Priestley added that his client is doing a fantastic job looking after her granddaughter, but she should not have had to seek sue Kent. He said:
“She needed support from the local authority, but she found it lacking.”
“I accept when people say that blood is thicker than water, but the fact is that when you are 58 years old you are not planning to look after a 10 year old child.”
The grandmother said:
“I put myself out and expected the local authority to do the same but they did not. When I heard that I had won I burst into tears. It means so much both to me and my grand daughter. Teenagers are very expensive to bring up – every parent knows that.
I’m a pensioner and the money from Kent was the same this as it was when she first came to live with me. Prices have not stood still in the last 51/2 years but Kent’s payments did.
I am very sad that Kent wants to challenge this decision – it shows they have no understanding of the financial impact of caring for a challenging teenager has on a pensioner like me.”
The Grandparents’ Association says it is concerned about the number of grandparents throughout the country who are looking after children without support.
Lynn Chesterman, the Chief Executive of the Association, said:
“Unfortunately this is all too common. It’s the norm for grandparents to be given no help at all.”
I want to see grandparents offered the same support as those who look after children in care. Too often, as in this case, they are struggling to cope financially – living on a pension bringing up children and simply not having enough money.”
ENDS

For more information, contact Nigel Priestley on 01484 538421 or 07885 430085 or email: nigel.priestley@ridleyandhall.co.uk