Legal ruling for Huddersfield grandma means she can claim back £11,000 - and so could thousands of other people around the country

Mar 13 2010 Huddersfield Daily Examiner

A GRANDMA has won a landmark case against Kirklees Council which could cost local authorities across the UK thousands of pounds.

The Huddersfield grandmother yesterday won a four-year-battle to receive a fairer carer’s allowance for her grandson.

‘Mrs B’, who cannot be named to protect her grandson’s identity, had been receiving only 80% of the money to which she was entitled from Kirklees Council.

But yesterday a judge at Leeds Administrative Court ruled the Council’s policy to pay Mrs B’s Special Guardianship Order (SGO) Allowance at below the Fostering Allowance rate was ‘unlawful’.

It means the grandmother will get another £50 a week – and can claim back four years of missed payments. That could be up to £11,000.

Lawyers believe other councils will now have to change their systems.

SGOs were established by the Government in December 2005 to give legal rights to carers of children who are not suitable for adoption.

Mrs B, 63, became the guardian of grandson ‘Boy L’ after his mother was detained under mental health legislation in June 2005.

To look after seven-year-old Boy L, who has behavioural problems, Mrs B received £94.99 per week SGO Allowance from Kirklees Council – two-thirds of the £142.49 weekly allowance for foster parents.

Including her pension, Mrs B received £114.99 a week from Kirklees (80% of the core fosterer’s allowance) for her grandson.

The council argued it cost less to look after a child under an SGO compared to a care order.

But yesterday Judge Peter Langan QC blasted Kirklees Council.

He said: “Kirklees’ decision to pay SGO Allowance at two-thirds of core Fostering Allowance, involved a substantial departure from the relevant ministerial guidance.

“No sufficient justification for that departure has been provided. It follows that the decision and policy were, and the policy remains, unlawful.”

Kirklees Council must now bring its SGO Allowance in line with its Fostering Allowance – and pay Mrs B backpay for several years.

The ruling throws open the door to SGO carers across the UK, who are receiving less than the Fostering Allowance.

The East Riding of Yorkshire County Council pays Fostering Allowance at £142.29 and SGO Allowance at £92.62 per week.