Home > London Borough of Tower Hamlets v The Queen on the application of X

London Borough of Tower Hamlets v The Queen on the application of X

24th July 2013

The Court of Appeal handed down judgment in a landmark decision about the rights of family foster carers.

It upheld the decision of Males J ([2013] EWHC 480 (Admin)) that the local authority’s policies on payments to foster carers are unlawful because they discriminate between family and unrelated foster carers on the grounds of the pre-existing relationship with the child. The Court of Appeal agreed that the local authority had no cogent reasons for departing from statutory guidance which provides that allowances and fees paid to family foster carers should not be less than those paid to unrelated foster carers.

The Court of Appeal re-iterated Males J’s description of the tremendous work that X had undertaken to care for her relatives and his praise of her as an unsung heroine of society.  The local authority has three months to rewrite their policy.

This case is a significant victory for family members who sacrifice much to look after some of the most vulnerable children in our society.

Fiona Scolding and Amelia Walker instructed by Rebecca Chapman, Ridley & Hall Solicitors.

For further details, please refer to the judgment in London Borough of Tower Hamlets v The Queen on the application of X [2013] EWCA Civ 904

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Sally Wollaston
Sally Wollaston
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