by Allan Norman
Barely had I finished writing my commentary on the Casewell case, when last week the courts were at it again, commenting on the interface between allowances for caring and benefits.
The case in question, B v London Borough of Lewisham & Anor [2008] EWHC 738 (Admin) (17 April 2008) was brought by a grandmother receiving special guardianship allowances from Lewisham London Borough Council – who hereby win a prize for being the first council whose unsuccessful cases feature twice in my blogs!
Guardianship and fostering
Special guardianship allowances had been pegged significantly lower than fostering allowances aligned instead to adoption allowances. Lewisham argued, correctly, that special guardianship is in reality aligned more closely to adoption than fostering.
The court said:
First, on a proper reading of the relevant guidance, which Lewisham should have followed, special guardianship allowance should be set having regard to fostering allowances.
Second, that having regard to fostering allowances meant more than a token nod in the direction of fostering allowances before pegging them to something completely different.
Third – in a most unexpected twist – that there was indeed an argument that special guardianship and adoption allowances should be aligned, but that argument was that both should be aligned to fostering allowances.
Fourth, that Lewisham’s special guardianship allowance scheme and adoption allowance scheme were therefore both unlawful, because set too low.
Impact elsewhere
It is hard to conceive that this decision will not impact on other authorities across the country.
My blog on Casewell commented on the distinction between incentivising and remunerating care, and upon the poverty trap.
This case is not directly about the benefits system and the poverty trap, but it does offer the most damning indictment of the adequacy of benefit levels, since the judge also commented that even when allowances were pegged at the higher level of fostering allowances, payable on top of benefits, there was no element of remuneration, simply the actual cost of care.
How far short, then, are benefit levels themselves from actually covering the cost of care?
Allan Norman is Principal Social Worker & Solicitor at Celtic Knot, an independent law firm and social work practice.
May I ask for your help We adopted our 14 year old son with complex needs we recieve an adoption allowance which is means tested each year through Coventry council.
We live in Birmingham & was advised to apply for direct payments our case is due to go to panel next week 6th November we were told today by the social worker that her "Boss" had told her we may not get anything as we have enough money coming in! Can we have the Adoption Allowance & Direct payments?
We don't earn we are both retired! We were told we can't get Income support carers premium etc as we don't have enough money coming but we have some saving so don't qualify! We have a birth son who is 36 but because I get the very basic state pension I lost my carers allowancw as well.
Where is the system fair!I have been a Carer for 36 years & Foster Carer for almost 30 years & we adopted our last son & looked after my mother in law until she died 9 years ago.
Can you give an answer to the question can we recieve Adoption Allowance & Directs Payments?
Many thanks Shirley.
We have a case pending with Croydon Council for special guardianship and thy simply don't want to give us any financial support.
We have been looking after the child for 3.5 years and we wanted to know if there were any other benefit available for Special guardians if the Council does not pay out.
We are not out for the money but could really do with the help but the council seem to be reluctant.
Many thanx
Croydon will,like bromley take it to the line and lose.But you have to go all the way.Court i mean.
We had an agreement with our local authority in 2002 to receive an adoption allowance based on their fostering allowance because of our financial circumstances. When they increased their fostering rate significantly in 2007 (there is no element of remuneration in the rate) they did not increase our adoption allowance accordingly and have now have told us their "maximum (adoption) allowance" is a figure of about 40% of the fostering allowance. We know other adopters who are receiving an allowance based on the higher figure. What can we do?
I have my 3 nephews for 4 yrs now, we have moved from kinship carer to SGO since then the allowance has decreased 3 times, We have been told that there is now a new rate and this will again decrease, I request reversing the SGO and was told we need a solicitor we cannot get legal aid and we were told if we do not sign the agreement for the decrease allowance they will cease to pay us any further.
What can we do.
i am new to this and am at the start of my jorney any advice
If there is any chance of you being taken to court by parents do not go sgo route as you will be on your own.The lack of support for SPGs is across the board and my next attempt at a reasonable rate from the bromley borough,will have to be via the courts,from the recent appeal court decision they will lose but cost of legal action is a protection in itself to Boroughs.I am at present being taken to court by birth mother who has legal aid,which i do not qualify for.If you have a choice in my opinion it is residence order or adoption.In other words all or nothing and an sgo is in between.
i have a special guardianship for three young children and i have been told that my SGO allowance is means tested is this right by the SGO regulations
THANKYOU TIM I AM ON BENEFIT MY SELF AND AM GETTING CHILD TAX CREDITS FOR THE LITTLE BOY IT TOOK 6 MONTHS TO SORT OUT MUM CHOSE NOT TO STOP HER CLAIM SO I THINK THATS WHY IT TOOK ME LONGER.AT MY LAST MEETING WITH THE SOCIAL WORKERS I WAS ADVISED AND HAVE BEEN ENCORAGED TO PUT IN FOR SPECIAL GAURDIANSHIP.I JUST WANT TO DO THE RIGHT THING FOR THE LITTLE LAD AND MYSELF AT THE MOMENT A AM CLASSED AS A PRIVATE FOSTER CARER, AND AM VERY NEW TO ALL THIS. THANKS FOR UR ADVICE MICHELLE
take legal advice looking at recent appeal court decision regarding london borough of lewisham.
I have looked after my 12 yr old grandson, Jak virtually since the day he was born. My Daughter fell prey to post natal depression, almost immediately. I could never put into words what i felt the day after he was born, when i was faced with my Daughter's decision to walk away from him. " Refer to social services" on the end of his cot. You don't need me to tell you, the bottom dropped out of my world. I don't remember my journey home, i was in complete shock, i was worried that my partner, never having had any of his own children, would simply wave a fond farewell. To my astonishment,in answer to my question," what do i do now" he simply said, we'll have to get married, make an honest team for him to flourish and grow up in. I was already unable to work myself, due to a very dibillitating disease in my spine, coupled with a further diagnosis of rheumatoid arthritis, cud things get much worse, YES, there was no financial support for the first almost 10 yrs. When you love someone that much, you feel guilty about asking for help, we struggled beyond belief, somewhere along the way i lost sight of my Daughter, "my only child" i was so busy trying to juggle my condition, and raise a small person, with endless energy. With not enough money to make ends meet, you can imagine all the arguments lack of money caused. No one ever told us about any benefits, it was fate that got me talking to a lady who actually worked for another local authority, she was a social worker and told me how to go about getting this "special guardianship" allowance, however it is means tested, and you have to go thru a yearly review, to make sure you are still eligible to receive it. My personal opinion of this is that, unless you win the lottery, you should automatically be eligible for this financial support. Bearing a child, and raising it is one thing, when you take someone elses child on, this comes with significant "baggage". I for one realise how hard things are out there for you guy's who have taken on the role of raising your Grandchild/ren. Don,t feel guilty about asking for financial assistance, you deserve it, you are only trying to better your siblings future. I look forward to there being a Grandma's and Grampy's day sometime real soon, keep your spirits up, we make a difference, us Grandparents