Background: A Fight 25 Years in the Making

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)