Tuesday 23 October 2012

Grandparents in Northumberland have issued a legal challenge against Northumberland County Council. Ridley & Hall are acting for the grandparents who were caring for four of their grandchildren.  Northumberland County Council Social Services department were involved in the placement of the children and advised the grandparents to obtain residence orders for the children.

Rebecca Chapman of specialist law firm Ridley and Hall commented:
“The grandparents are on a low income and are in receipt of Guaranteed Pension Credit and have struggled to meet the financial needs of raising four children, as well as all the usual needs of being grandparents of a further seven grandchildren. The children were placed with my clients as a direct alternative to care proceedings.

“Unfortunately the house they had when the children came to live with them was not large enough and they had to move house to have enough space for all the children.  With a larger house they had to provide furniture and ended up spending all their savings on making a homely environment for themselves and the four grandchildren.  They have saved the council thousands of pounds.

“There is a legal authority to say that local authorities in this situation have a duty to pay a Residence Allowance to the carers. But this County Council have turned a deaf ear to my clients’ needs.

“After the council failed to respond to the request to conduct an assessment to see if the grandparents were financially eligible for a Residence allowance to help care for the children, judicial review proceedings have now been issued at the High Court in Leeds.

Ms Chapman concluded: “The actions of the council are bizarre. The council has very recently responded confirming that they accept that they have failed to conduct an assessment. However they have not offered to do an assessment. The case is now waiting for a decision from a judge about whether the actions of the council can be challenged.

“At a difficult time for local authorities it is odd that they place themselves at risk of an order for costs against them rather than fulfil their legal obligations.”

For further information please contact Rebecca Chapman or Nigel Priestley or call 01484 538421.