Pensioner wins landmark legal case over kinship carer payouts

A YORKSHIRE pensioner has won a landmark legal case which could lead to increased payments for people who act as guardians for grandchildren, nephews or nieces.

The 63-year-old from Huddersfield accused Kirklees Council of not giving her the same financial support as a non-family foster carer when she stepped in to care for her deeply-troubled grandson.

The High Court heard that the boy's mother could not cope with the seven-year-old who is "very damaged" and violent.

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She complained to a top judge that it was unfair that the council provided her with one-third less in financial support for caring for the boy than she would receive if she were a non-family foster carer.

Yesterday Judge Peter Langan QC agreed the council's policy could not be justified and ordered it to urgently reassess the grandmother's financial needs.

She could now be due substantial back-payments.

The court heard the woman was appointed her grandson'(s "special guardian" in March 2006 and, under the council's policy, receives 94.99 per week in Special Guardianship allowance.

If she were not a member of his family, she would receive 142.49 a week and; even after child benefit is taken into account, she still only gets 114.99 a week.

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Her legal team attacked the distinction made between family and non-family carers as unfair and irrational.

Judge Langan said most of the explanations Kirklees had put forward to justify its policy had "no logical connection whatever" and were "simply irrelevant".

He also pointed out that, although mirrored in some local authorities, some other councils employed a more generous policy towards special guardians caring for members of their own family.

After striking down the council's policy as unlawful, the judge directed it to carry out a fresh assessment of the grandmother's financial entitlements since March 2006 and to pay "any sums found due as a result of such assessment".

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After the case, the grandmother said: "An extra 50 per week will make all the difference to me...it's a lifeline but it has taken me over four years to gain this victory."

The judge's decision is also expected to benefit other "special guardians" in the Kirklees area, and possibly further afield.

The woman's solicitor, Nigel Priestley, of Ridley and Hall in Huddersfield, said the decision could have an impact on other local authorities who under-paid family carers.

He urged other kinship carers to check their own council's position and to consider taking legal action.

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Lynn Chesterman, of the Grandparents' Association, said: "Every day our helpline is fighting cases where budgets are put before children. We will continue to work with Nigel Priestley and his colleagues until all children in this position are treated fairly."

A spokesman for Kirklees Council said it was disappointed with the judgement and was considering an appeal.

He added: "The judgement will have implications for all local

authorities and so is a landmark case."