Aspect acts on workers’ rights for foster carers
12 January 2010
A specialist foster carer who was denied basic rights at work is to take Norfolk County Council to an employment tribunal. Backed by Aspect Sandra Bullock is seeking to establish her legal status as ‘ a worker’.
Foster carers carry a 24 hour, seven day a week responsibility for children in their care and must be registered with their local authority. Without registration carers cannot work. On 1 April 2008 Aspect’s member was de-registered.
After much delay and postponement a panel convened by the Council refused to allow her the right to be accompanied by her Aspect trade union representative. She was told that she was not entitled to legal or formal representation at the panel hearing. A policy statement was produced that specified that the only person allowed at the hearing would be a “supporter” who would not be allowed to speak on her behalf.
Nelly Takla-Wright, Association of Professionals in Education and Children’s Trusts deputy general secretary, said: “We want to establish that foster carers are ‘workers’ as defined by section 10 of the Employment Relations Act 1999 and are thus entitled to basic employment rights including the right to trade union representation and to be accompanied to any grievance or disciplinary hearing.
“This is a vitally important case that has repercussions for thousands of highly motivated foster carers who work in extremely trying conditions to carry out vital social care. It is a scandal that they are denied the basic rights to which other workers are entitled and can lose their livelihood.”
Aspect’s member, Sandra Bullock, worked for the Norfolk County council as a specialist foster carer from April 2001. During her period with the council she was progressively given greater responsibility, closely supervised by a series of council officials, progressed through the grade structure to reach level 4 and was in the process of evidencing her skills to grade 5 at the point when she was deregistered.
In her evidence she points out that she was precluded from taking other employment and that the Foster Carers Agreement specifies that payments and allowances ‘may be regarded as taxable income and liable for National Insurance contributions.’
She says: “The consequences of deregistration for me have been immense. Not only have two children I cared for for four and a half years have been abruptly removed from my care, but as I had dedicated myself to work as a foster carer, I had no wage or other job to fall back on. Had my parents not supported me I would have lost my home.”
