A HUDDERSFIELD law firm has helped a grandmother claim victory in a two-year legal battle over how much she should be paid in allowances as a “kinship carer”.

The carer, known as TT, went to court for the right to be paid at the same rate as a foster carer for the child she is looking after under a Special Guardianship Order.

The case was brought after the London Borough of Merton decided to pay an allowance for special guardians at two-thirds of that paid to foster carers.

But the court ruled that the council’s policy was unlawful and must be quashed – a ruling which will have a direct impact on all current and future carers with Special Guardianship Orders.

TT had been asked by social services to care for her son’s ex-girlfriend’s child from a different father.

After the child, known as C, was born, both parents received long prison sentences and were unable to care for C who went into foster care while the council tried to find a more permanent placement for the child.

C’s family were not willing to put themselves forward as carers so the council approached TT, who was already caring for a granddaughter.

At the end of care proceedings she was awarded a Special Guardianship Order – but with a financial allowance based on two-thirds of the fostering allowance and with further deductions made.

Rebecca Chapman, of Huddersfield law firm Ridley & Hall, who represented TT, said: “When my client started this case she was paid £27.88 per week.

“Merton thought again and paid her £84 per week. Now their starting point will add another £100 per week.

“My client stepped in so that the children could be protected.

“It is widely acknowledged that in these circumstances children do better when cared for within the extended family or with friends.

“It is a shame that we had to proceed to a final hearing in this case, especially given the fact that my colleague Nigel Priestley has already won a case against another local authority on the same point.

“However, I am delighted that TT is now going to receive an allowance which should ensure that C’s future is secure with her”.