News

Court ruling could help many grandparent carers Request more information

The high number of family breakdowns means that thousands of grandparents now play a major role in looking after children. Many find they become the primary carer for their grandchildren – sometimes with no or only limited financial help. Now in a landmark case, a 64-year-old grandmother has won a legal battle with her local authority because it had refused to pay her the same rate as a foster carer for looking after her granddaughter. The woman, who cannot be named for legal reasons, has looked after the girl since 2005 when the council told her the only other alternative was to take the girl into care as her parents were unable to cope. The council then decided to treat the case as if it were a private, family arrangement and refused to pay her the full carer’s rate. The High Court rejected that view and ruled that the payment should rise from £63 weekly to £146 in line with the average rate for foster parents with no family connections. The case clearly has widespread implications for other local authorities and potentially thousands of grandparents all over the country so the council has been given permission to appeal. It means there may be further developments, but the High Court decision shows that the law can come down on the side of grandparents who find themselves looking after children at a time in their lives when they were expecting to take things easy. Some people may say that grandparents have a duty to look after their grandchildren if necessary, but it’s also true that bringing up a child is expensive. It can be especially difficult as a person gets older and their earning capacity decreases as they approach retirement. Whatever one’s view, the ruling highlights the increasing value being placed on the role of grandparents as society changes and families become less stable. Please contact us if you would like more information about this or any aspect of family law.

01/07/2010

Show Headlines