Test Case for Foster Carer Rights case of NUPFC v Certification Officer

Rachel Crasnow QC and Rachel Barrett (along with David Stevenson of Doughty Street) have represented the Appellant Trade Union, the National Union of Professional Foster Carers at the EAT in a challenge to enable foster carers to join an specialist trade union in order to achieve better working conditions.

The Appellant was supported by interveners the IWGB and the European Children’s Rights Unit whilst further intervenors the Secretary of State for Education and the Local Government Association supported the Respondent to the Appeal, the Certification Officer. The case involves argument that foster carers work under contracts and human rights arguments concerning violations of Trade Union rights under the ECHR. This is the first of several current challenges to the lack of “limb b worker” status for foster carers and Cloisters continues to work on these cases to further rights for these carers who carry out such vital work for looked after children.

The decision following the 3 day EAT hearing has been reserved.