KIRKLEES Council could face a judicial review over the level of support it gives to carers who become special guardians.
Huddersfield solicitors Ridley and Hall are taking the advice of a barrister on the possibility of challenging a decision to pay special guardian allowance at a lower rate than the fostering allowance.
The firm is representing a grandmother on pension credit who has taken on the care of her grandson. He was previously with foster carers.
Guidance on special guardianship orders says that when councils consider how much cash support they offer they should have regard to the level of fostering allowance they pay.
Kirklees's rate for special guardians is two- thirds the level of its fostering allowances.
Ridley and Hall senior partner Nigel Priestley said the problem was not unique to Kirklees.
He added: "I have asked Kirklees in correspondence to explain how they came to set the figure for special guardianship, but I have had no response.
"I asked them why they had gone against the guidance laid down by the Government.
"Again, I have had no response.
"The council tax payers of Kirklees will know who to blame if legal costs are thrown away because the council chooses to stay silent."
Kirklees Council said it was making no comment at this stage.