Parents Against Injustice

PAIN SOLICITORS SUCESS IN BATTLING GRANDMOTHER CASE

PRESS RELEASE

Battling Grandma wins Court fight for support

Bradford Council is facing a double financial whammy after an order was made in the Administrative Court today in Leeds following a 3
year fight by a battling grandmother.

Permission had been given to challenge the Council’s failure to properly fund the care of a child by her grandmother.

Leave was granted by His Honour Judge Langan QC to bring a judicial review against the council in October 2009 and the case was listed for hearing on 10^th March.
Bradford finally agreed
the terms of settlement late yesterday afternoon.

Background

The child, who cannot be named for legal reasons, came to live with her grandparents in February 2007. Social Services asked the grandparents to care whilst the mother
was assessed by them. The assessment concluded that the mother’s chaotic
lifestyle and drug use meant she was having a negative and detrimental effect
on the child’s upbringing.

Nigel Priestley, Senior Partner at Ridley & Hall, Huddersfield, specialises in working with grandparent carers, and is the grandmother’s solicitor. He
commented

“By April 2007 it was clear to Bradford that the mother couldn’t meet her child’s basic needs. The council started paying towards the child- minding costs. Bradford had legal
responsibilities towards the child but, typical of many local authorities, it
tried to get rid of these duties. It pushed the grandmother to apply for a
Residence Order. They could then have washed their hands of the child.
Thankfully the grandmother sought legal advice and the application was stopped.
It’s vital first to get the council to accept its’ responsibilities and start
talking of how they will support the placement before taking on parental
responsibility for a child.”PAIN .

He went on:

“What happened next is doubly shocking. First Bradford stopped paying anything for the child’s support. Secondly when we started writing to Bradford, they simply
ignored our letters. We first contacted the council in April 2008 looking for
answers and asking for documents. 2 years later I am still waiting. They never
even responded when the Judicial Review application was served on them”

“ This case sends a very important message to carers. If the local authority wants them to apply for a Residence Order – stop! Get legal advice! In this
case my client was pointed in the right direction by the Bridge Project in Bradford. If the
grandmother in this case had done what the local authority wanted her to do,
both she and her granddaughter may have missed out on the support she
desperately needed. She will now get a significant back payment and a weekly
allowance for the child.”

He went on:

“More than 200,000 children are living away from their parents and being raised full time by grandparents or other relatives. According to a recent study by the charity
Grandparents Plus, 93% of children
are in the care of relatives due to abuse, neglect, parental drug or alcohol
misuse or domestic violence”

“I am a Trustee of Family Rights Group. Experience from FRG’s national advice line confirms research studies that family and friends carers are living in financial
hardship. A Grandparents Plus's survey reveals that 66% of
family and friends carers are on a weekly net income of less than £300, one in
four also cares for an older or disabled relative and 80% describe themselves
as "isolated" or "worried". The grandparents challenging Bradford in this case
would certainly fall into this category.”

“ Analysis by Family Rights Group shows that many grandparents and other relatives are left to struggle on their own both financially and practically. The vast majority (69%) of local
authorities do not have a written coherent approach to family and friends care,
and only 10% are committed to providing family and friends carers of children
the same level of non-financial support as unrelated foster carers. Who knows
what Bradford’s policy is – they
simply don’t answer letters to tell us!”

His Honour Judge Langan QC warned Bradford that the Council’s failure to engage in “any meaningful correspondence” placed the
council “at serious risk of an adverse costs order”. His warning came true.

As result of the settlement Bradford have a bill for back pay. They also have to the meet the grandmother’s legal fees. And they must pay her the allowance
she was always due.

Commenting the grandmother said

“My granddaughter has had a difficult start in life. Sadly she’s been damaged by her carer’s neglect. I love her but I made it clear to Bradford that our
financial circumstances would make it difficult to care without their financial
support. They turned the financial tap on a little far a short time – then
switched it off without telling us why. Now they’ll have to pay. They have
avoided having to explain themselves in court.
This case could have easily been settled. As a result of the Council’s
approach, it will cost the council tax payers of Bradford even more
money.