Allocation of financial responsibility for a child taken into care: ‘whether the claimant, A, is a child being looked after the local authority as that phrase is defined in section 22 of the Act. In the more precise terms posed by the local authority in its skeleton argument, it is ‘whether, as a matter of law, a child who is not the subject of an interim care order can be a looked after child where she goes to live with a relative in circumstances where the local authority is involved in setting up and funding the arrangement.’ If A is ‘a looked after child’, she (or her maternal grandmother with whom she is placed) would be entitled to a fostering allowance of pounds 146 per week. The local authority contend that they are acting lawfully in paying her (or her grandmother) a kinship allowance of only pounds 63 per week pursuant to section 17 of the Act on the basis that she is living with her grandmother under a private family arrangement.’
Judges:
Ward, Rimer LJJ, Sir Stephen Sedley
Citations:
[2011] EWCA Civ 1303, [2012] 1 FCR 355, [2012] 1 FLR 628, [2012] Fam Law 26, [2012] PTSR 912
Links:
Jurisdiction:
England and Wales
Children, Local Government
Updated: 03 February 2022; Ref: scu.448301