Kirklees Council could face a judicial review over the level of support it gives to carers who become special guardians /.
Huddersfield family law solicitors Ridley and Hall are taking the advice of a barrister on the possibility of challenging the council’s decision to pay its special guardian allowance at a lower rate than its fostering allowance.
The firm is representing a grandmother on pension credit who has taken on the care of her grandson.
Guidance on special guardianship orders says that when councils consider how much financial support they offer, they should have regard to the level of fostering allowance they pay.
Kirklees’ rate for special guardians is two-thirds of the level of its fostering allowances.
Ridley and Hall senior partner Nigel Priestley said many authorities seemed to be struggling to determine how much to pay their special guardians.
Kirklees Council would not comment at this stage.
In 2004, after a case brought by Ridley and Hall, Kirklees Council agreed to pay its kinship carers a higher fostering allowance.