London Borough of Tower Hamlets v The Queen on the application of X

24 Jul 2013

The Court of Appeal handed down judgment in a landmark decision about the rights of family foster carers.

It upheld the decision of Males J ([2013] EWHC 480 (Admin)) that the local authority’s policies on payments to foster carers are unlawful because they discriminate between family and unrelated foster carers on the grounds of the pre-existing relationship with the child. The Court of Appeal agreed that the local authority had no cogent reasons for departing from statutory guidance which provides that allowances and fees paid to family foster carers should not be less than those paid to unrelated foster carers.

The Court of Appeal re-iterated Males J’s description of the tremendous work that X had undertaken to care for her relatives and his praise of her as an unsung heroine of society.  The local authority has three months to rewrite their policy.

This case is a significant victory for family members who sacrifice much to look after some of the most vulnerable children in our society.

Fiona Scolding and Amelia Walker instructed by Rebecca Chapman, Ridley & Hall Solicitors.

For further details, please refer to the judgment in London Borough of Tower Hamlets v The Queen on the application of X [2013] EWCA Civ 904


This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of Chambers or by Chambers as a whole.


Please note that we do not give legal advice on individual cases which may relate to this content other than by way of formal instruction of a member of Gatehouse Chambers. However, if you have any other queries about this content please contact: