Foster couple win latest stage in legal battle
AFOSTERING couple from Glasgow have won the latest stage of a legal fight – potentially opening the doors to all foster carers obtaining employment rights.
In 2017, Jimmy and Christine Johnstone, from Knightswood, were the first foster carers to be given employment rights after a tribunal found in their favour.
Glasgow City Council appealed the decision, but Lord Summers rejected the local authority’s claim that the couple were not employees.
The Johnstone’s claimed the local authority had a duty of care to foster carers as well as the children.
Concerns were raised about a youngster who had been placed in their care via the council’s Treatment Foster Care ( TFC) service, which dealt with some of Glasgow’s most vulnerable and troubled children.
The Johnstone’s had a specialist deal with the council under TFC, which was closed down shortly after they won their initial case.
Lord Summers declined to rule on the status of all foster carers, but Robert Holland, of law firm Balfour+ Manson, said: “Jimmy and Christine Johnstone were in a special category of foster carer, but although this decision relates to that particular category only, it could have much wider implications for Scotland’s 4000 foster carers.
“The Johnstones’ victory means it is more likely that we will see an argument brought that all Scotland’s foster carers deserve employment rights.”
When they launched their appeal, Mr Johnstone said: “I’ve always thought it was crazy that, as foster carers, we’re working with teachers, social workers and doctors.
“We’re in the middle of everything and we’re the ones spending the most time with the child, but we’re also the ones without any rights or protection.”
Most carers sign agreements with councils, which are not considered contracts of employment, but the Johnstone’s argued that they should have the same entitlements and protections that council workers have.
A Glasgow City Council spokesman said: “This judgement relates to a service that provided a specialist form of foster care.
“We are now carefully considering the implications of the judgement.
“However, we do note that, as with the initial employment tribunal decision, the findings in this judgement do not extend to the status of mainstream foster carers.”