High Court rules grandmother entitled to fostering allowance after local authority placed granddaughter in her care

Thursday 23 January 2014

The High Court has held that a two-year-old girl, who was removed from her parents' care and put in the care of her maternal grandmother by the local authority, was placed there pursuant to the local authority's duty under section 20, Children Act 1989.

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The local authority accepted the little girl was at risk of significant harm, could not remain in the family home and her parents agreed that she would be removed. The local authority contacted the maternal grandmother and asked that she take the claimant little girl temporarily. The temporary arrangements became long-term arrangements. The maternal grandmother was never informed of the exact nature of the arrangements nor of what her and the claimant's entitlements would be. The Court found that the local authority played a central role in placing the claimant with her grandmother and the criteria under section 20, applying the test in G v Southwark LBC [2009] UKHL 14.

The claimant therefore became a looked after child within the meaning of section 22(1), Children Act 1989 and she and her grandmother were entitled to local authority weekly fostering allowance to support the stability of the placement.

The full judgment is available here: KS v The City of Bradford Metropolitan District Council [2014] EWHC 11 (Admin) (10 January 2014)

Shu Shin Luh was instructed by Ridley and Hall Solicitors for the claimant.

Shu Shin is a member of the Public and Administrative Law Team.


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