Evidence, Practice and Procedure: Judicial review – guidance on foster care allowances for family members

R (X) v London Borough of Tower Hamlets [2013] EWCA Civ 904 raises the specific question of a council's power to fix foster carer allowances and fees; and more generally the extent to which a public body may diverge from guidance issued by the relevant minister. Statutory guidance is just that: guidance. It does not have the force of delegated legislation. But if it is to be diverged from it must be for ‘cogent reason' and that is a principle which applies to any public body which is subject to guidance issued by its supervising government department.

X is a foster mother who is the aunt of three children. Their background and behaviour made them very difficult to care for. She succeeded and she kept them together in the process. This was at considerable disruption to her own personal circumstances. Because she was related to the...

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