Community Care posts an article about a recent judgment concerning a Local Authority’s financial duties towards kinship carers. Although the citation is not provided in the article I believe it is referring to the case of R (on the application of A) v A Local Authority – [2010] All ER (D) 49 (May). In a nutshell: harder for Local Authorities to wriggle out of their responsibilities or to use granny as a cheaper option than foster care.
L.A s do not like using granny or next of kin in the family because that means they cannot alienate the family away from a child’s life. It’s far easier to alienate granny and family when it’s a stranger rearing the kiddy. Think adoption. Think middle class prospects. Think of cherry picking. Its a BOOMING business is this “forced adoption” for all concerned.
[…] Responses Yet on May 14, 2010 at 10:54 am | Reply Melizza […]
I love the article’s assertion that “if this sets a precedent”, when the precedent that it is unlawful to pay kinship foster carers less than foster carers has been law for nearly nine years (R (L and others) v Manchester City Council 2001)
Quite right too (author’s own opinion, not speaking on behalf of organisation etc) – asking someone to change their life to prevent a child coming into care is an incredible thing to do, and those people who are capable and willing to do it ought not to be prevented for financial reasons.
I do wonder how long it is going to be before Treasury counsel have to be invited to cases like Southwark, so that the courts can be told of the financial implications for public finances of what they are ordering, however.
For example, Lord Laming’s recommendation just on “initial assessments” would cost an additional £250 million and an extra 6,300 social workers to implement if it were actually done (as opposed to the former Government just saying that they will implement all of his recommendations, but not costing or resourcing any of them yet)
I think the distinction between the Manchester case and this was that in the former the issue was allowances for a looked after child in placement with family, but here the issue was whether the child was looked after at all or whether the care was by way of private fostering. But Manchester was cited in support of the general non-discriminatory principle i.e. that family carers should be in no worse position than non family. Incidentally the judgment is now reported on Lawtel (doc no AC0124659), but still not on Bailii.
Broken Britain is expensive eh…
For any kinship carers reading this thread, find help and support at kinshipcarers.me.uk .
As carers it is so positive to see proactive comments and genuine interest and concern within the legal community. Many carers go into this ill informed or prepared both financially and emotionally there are a number of organisations that promote and help support carer, including ourselves, FRG Grandparents association and Grandparents Plus. All offer varying levels of support and advice that have proved to be invauable to carers be them new or established.