Background: A Fight 25 Years in the Making

Foster Carers Lacking Basic Rights: In the UK today, foster parents who care for society’s most vulnerable children are not recognised as “workers” or employees in the eyes of the law.

This means they have no legal protection against unfair treatment – for example, they currently cannot bring claims for discrimination or whistleblowing if they are treated unjustly, and don’t receive basic entitlements like holiday pay.

This situation stems from a 1998 Court of Appeal ruling (W v Essex County Council) , which decided that foster carers do not work under a contract and therefore are not “workers” under employment law.

As a result, for over two decades, foster carers have effectively been excluded from the employment rights and remedies that nearly all other workers take for granted.

NUPFC’s Mission: The National Union of Professional Foster Carers (NUPFC) was founded in 2017 by Robin Findlay, himself a former foster carer, to change this very situation.

NUPFC recognised that foster carers needed a collective voice and legal standing. In a groundbreaking effort, NUPFC legally challenged the government’s refusal to recognise it as a trade union, since the law said a union must consist of “workers.” After an initial setback at a tribunal, NUPFC persisted and won a Court of Appeal victory in April 2021, which declared that for the purpose of unionising, foster carers are in an “employment relationship” and must be allowed to have an official union.

This made NUPFC the first government-certified trade union for foster carers, validating their fight for recognition and setting the stage for the next, bigger battle.

The Current Case – Foster Carers vs Government: Building on that momentum, three foster carers (Ms. Oni, Ms. Dawkins, and Ms. Reid) who are NUPFC members have brought a landmark legal case to win full employment rights for foster carers

In June 2023, an Employment Tribunal in East London heard their testimony about the everyday challenges foster families face—long hours (often 24/7 care), lack of respite or sick leave, and the ever-present fear of speaking out for the child’s best interest due to potential backlash.

These claimants, representing thousands of others, argue that foster carers do in fact work under contracts (either as employees or limb‐b workers) and that denying them basic rights is wrong. They assert that the current denial of rights – covering freedom from discrimination, whistleblower protection, fair pay, holiday leave, etc. – amounts to an unjustified violation of their human rights (specifically, they cite Article 14 of the European Convention on Human Rights, which protects against discrimination)

Why This Case Matters So Much

A Matter of Justice and Safety: “We are arguing that there is nowhere for these foster carers to go when they have a dispute as important as discrimination,” explains Jacqueline McGuigan, the lead solicitor on the case

Right now, if a foster carer is treated unfairly – for instance, dropped from service after raising concerns about a child’s welfare, or facing bias due to race or age – they have no tribunal to turn to for justice. This case aims to change that. It seeks to give foster families the same legal protections everyone else has at work, so that speaking up for a child or against wrongdoing doesn’t punish the carer. Whistleblowing and anti-discrimination protections are basic rights in most jobs, and foster carers deserve no less, especially given their vital role. As NUPFC puts it, this lawsuit will “reveal failings in [the] social care system” – shining a light on how unsupported foster carers ultimately mean the children in care are also let down.

Impact on Thousands of Children and Carers: There is a massive shortage of foster carers in the UK today.

One major reason is the lack of support and fair treatment – many capable people are reluctant to become or remain foster carers when they are expected to work essentially around the clock without the basic rights or respect that other professionals get. Those who do foster often burn out or quit after facing hostile conditions (like constant threat of investigations or loss of placements if they advocate too strongly for the child.

By winning this case, we improve conditions for thousands of carers, which in turn means better, more stable homes for countless foster children. Children in foster care do best when their carers are respected and supported, not overburdened and silenced. “Children in Foster Care need carers who are supported,” says Robin Findlay, NUPFC’s founder.

This case is ultimately about making the foster system stronger and more just for the children who rely on it.

Historic Legal Precedent: Legally, this is a historic test case. It’s the first serious human rights challenge about foster carers’ status in a quarter-century.

If successful, it could overturn the outdated 1990s-era ruling and establish that foster carers are entitled to worker/employee status under modern law. Such a Supreme Court decision could ripple across employment law, family law, and human rights law, by recognizing the unique employment relationship of foster care that has been ignored for so long.

Even the Court of Appeal judges in 2021 hinted that the old approach was “puzzling” and might need rethinking by the Supreme Court or Parliament.

This is our chance to get that re-evaluation and right a long-standing wrong.

Government and Public Interest: The importance of this case is underscored by who’s watching: The Secretary of State for Education (a UK government cabinet minister) has formally joined the proceedings because the issues at stake are “so important to the future of the social care system”.

The government knows a win for foster carers could require systemic changes – for example, if carers gain worker status, local authorities might owe backdated holiday pay and other benefits, potentially going back many years.

While that prospect is challenging for the government, it highlights how much foster carers have been under supported despite their dedication saving the state enormous costs. Moreover, the Equality and Human Rights Commission (EHRC), a major public watchdog, has been supporting the claimants because it recognises the critical human rights dimension of this fight.

In short, this isn’t just a niche employment dispute – it’s a case with profound social implications being followed at the highest levels.

Funding Needs: Why We’re Asking for Your Support

Fighting a case of this magnitude through the court system – potentially all the way to the Supreme Court – requires significant resources. Legal fees and court costs are the main expenses: NUPFC has secured a top-notch legal team (including solicitor Jacqueline McGuigan and barristers Rachel Crasnow KC and Chris Milsom KC, known for their work on landmark employment cases who are committed to this cause. However, even with some working on reduced fees or partial support, the bills for extensive legal research, preparing evidence, multiple hearings, and potential Supreme Court proceedings add up quickly. “Taking this case to the Supreme Court is expensive” NUPFC explains

The Equality and Human Rights Commission’s support, while incredibly valuable, is limited in funding scope, so additional help is needed to see this through.

Our Goal – £50,000: We are aiming to raise £50,000 towards the upcoming legal expenses.

Every pound will go directly toward covering solicitors’ fees, barristers’ fees, court filing fees, and associated costs (like expert analyses or travel for witnesses) required for this case. Meeting this funding goal will allow the legal team to proceed with confidence to the next stages: if necessary, filing an appeal and briefs to the Court of Appeal and ultimately the Supreme Court of the UK, where the final decision on this issue would be made. Without sufficient funds, there’s a risk that this strong legal fight might stall or that foster carers’ voices won’t be fully heard at the highest court – and we cannot let that happen.

Why Crowdfunding? NUPFC is a union funded by membership and small donations; it does not have deep pockets. The foster carers bringing this case are ordinary people opening their lives to scrutiny for a cause – they cannot afford the legal battle on their own. Crowdfunding allows people who care about children, fairness, and social justice to collectively ensure this important case goes forward. By contributing, you become an essential part of the team standing up to secure a better future for foster families. As the NUPFC has urged: “If you care about children’s rights and equality of justice please get behind us and support us.”

Your donation makes a real difference – it directly fuels the legal action that can improve the lives of carers and children across the country.

About NUPFC (National Union of Professional Foster Carers)

NUPFC is the first and only certified trade union for foster carers in the UK, dedicated to advocating for those who open their homes and hearts to care for children. Formed in 2017, NUPFC’s mission is to ensure that foster carers are treated as the professionals they are, with proper support, rights, and recognition.

The union provides its members with guidance, representation during disputes or allegations, and a collective voice to influence policy—all grounded in the principle that this ultimately leads to better care for children.

NUPFC has a track record of success: it fought for and achieved the landmark Court of Appeal ruling in 2021 that acknowledged foster carers in an employment relationship for purposes of unionising.

This victory was not just symbolic; it proved that determined legal action can bring about change even in long-standing systems. Now, NUPFC is spearheading the current Supreme Court-bound challenge to secure full employment rights for foster carers, taking their advocacy to the next level.

The union is led by experienced foster carers and supported by legal experts who are passionate about the cause. General Secretary Robin Findlay, who founded NUPFC after experiencing first-hand the need for better support, remains at the helm of the campaign.

By supporting NUPFC’s crowdfunding effort, you’re also supporting an organisation that has consistently been on the front lines of improving the foster care system—from everyday support for carers to high-profile legal battles like this one.

How You Can Help: Join Us in Making History

This Crowdfunding campaign is our call to everyone who believes in fairness, children’s rights, and the dignity of caregivers. By donating to our JustGiving fundraiser, you are directly contributing to a potentially historic change. Here are ways you can help:

• Donate – Any amount, big or small, brings us closer to the £50,000 target. Every contribution is a step towards justice for foster carers. Think of it as an investment in a better foster care system for the future.

• Spread the Word – Share this campaign with friends, family, and on social media. The more people hear about how foster carers have been left without rights, the more support we can rally. You can mention that this is a once-in-a-generation legal battle to right a wrong from 1998 – it’s compelling!

• Stay Informed and Engaged – Follow the updates on our campaign page and NUPFC’s website. We’ll keep everyone posted on major developments in the case. Your moral support and comments also fuel the foster carers fighting in court, knowing that thousands stand with them.

What Your Support Means: By getting behind this case, you’re not only helping three courageous foster families – you’re potentially improving the lives of tens of thousands of current and future foster carers and the children they look after. A win in the Supreme Court would mean foster carers can no longer be treated as “second-class” helpers; they would have legal respect and recourse. This could lead to better retention of foster carers, more people willing to foster, and a more stable environment for kids in care, who deserve consistency and committed caregivers. In essence, you’re helping to make legal history that delivers social justice.

We deeply appreciate your support. With your help, we can ensure that this case reaches its full potential and that those who dedicate their lives to caring for vulnerable children receive the fair treatment and rights they have long been denied. Together, let’s stand up for foster carers and send a powerful message: caring for children is invaluable work – and it deserves the protections and respect that justice demands.

Thank you for supporting foster carers and making a difference!

Please note: when donating, you do not have to give a tip to JustGiving. This is an added extra and does not go into our fund, but is paid directly to them. You will need to scroll the price dial to the left to reduce or enter a custom amount of £0 to not be charged more than your donation.