The issue of whether foster carers are to be regarded as local authority employees and accorded the rights and protections associated with such a position is emotive, but one that is also extremely important to have resolved.
Foster Carers put themselves forward to provide a much needed service to our communities and play an absolutely vital role in our arrangements for children. They cherish and protect children at what is often the most vulnerable and distressing period of the life of a child. The work they carry out is often difficult and sometimes very distressing.. It seems that these foster carers should be afforded all support, including employment rights, which would include sick pay, holiday pay, guaranteed minimum wage and the right to have their health and safety protected.
It is for those reasons that Glasgow City Council’s current position on the issue seems somewhat harsh.
A decision was made in 2017 that a fostering couple in Glasgow did have employment rights, and the benefits which arise from these rights, but the local authority, Glasgow City Council, have appealed the decision. The appeal is now being decided by a Judge, Lord Summers, before the Employment Appeal Tribunal in Edinburgh.
For Glasgow City Council it is argued that Foster Carers are parents, who should treat their children as if they are “natural children”. Glasgow City Council point out that natural children do not have a “contract” with their parents. It was said that when looking after their foster children, foster carers don’t comply with working time rules, and can’t be sued for if they neglect a child. Based upon these notions, Glasgow City Council maintained that foster parents are not employees, and should not enjoy employment rights.
Lord Summers is at present considering matters and will give a Judgement in due course.
Despite the very serious subject matter at issue, a note of humour was heard from the tribunal when the advocate for Glasgow City Council suggested to Lord Summers that an English decision should be followed, in which it was held that Foster Carers were not employees.
Lord Summers commented “there have been recent examples of Scots Courts taking a different view on things. It is possible for the English to get it wrong. I know that is a remarkable concept”.
At Thorntons, we have specialist solicitors who deal with aspects of child law. If you have a concern or a difficulty in relation to child law, it is important to take early advice from one who specialises in these matters.
Lucy Metcalf is a Solicitor in Thorntons Family Law team. If you would like to discuss any of the issues raised in this article please contact Lucy on 03330 430150.