ABOUT US
HISTORY OF THE NUPFC
In 2017 Mr Robin Findlay set up the NUPFC, in doing so recognising the need for foster carers to have their own union body. He launched the National Union of Professional Foster Carers.
However, when he approached the Trade Union Certification Officer (a government organisation that registers official trade unions) to register the NUPFC they declined to do so on the basis that a union had to be made up ‘mainly or wholly of workers’.
A worker is deemed someone who has a contract or other arrangement to do work or services personally for reward (the contract doesn’t even have to be written). They receive a reward for their work, either money or benefit in kind, they aren’t doing the work as part of their own limited company where the ‘employer’ is actually a customer or client and can not subcontract their work to others nor can they work for anyone else.
Given that we have a written contract with the fostering provider (called the Fostering Agreement) and also given that we fulfil all the other requirements to be classed as ‘workers’, the NUPFC decided to legally challenge the decision.
“The NUPFC aims to unite foster carers, local authorities and independent fostering agencies, and encourage all to follow the laws regarding children, based on the premise of what is in the best interests of the child. At the same time it importantly looks to ensures that the foster carer receives the support it needs to deliver that objective.”
Robert Findlay, General Secretary, NUPFC
The NUPFC Vs Certification Officer
The Employment Appeal Tribunal 2019 The case went to court in 2019, apart from the NUPFC there were four other organisations that joined the case as intervenors.
They were the Secretary of State for Education, the Local Government Association, the European Children’s Rights Union and the IWGB (Independent Workers of Great Britain) who witness statement was from Sarah Anderson, the then Chair of the IWGB Foster Carer Worker’s branch.
September 6th 2019
The Employment Appeal Tribunal (EAT) handed down a judgement and upheld the Certification Officers decision. The EAT reviewed previous case law and followed the precedent set by W v Essex County Council (1998) in which they held that foster carers did not work under a contract, the EAT considered itself bound by this line of authority.
Therefore in not considering foster carers workers, it was upheld that they could not have their own union.
The NUPFC decided to appeal the decision.
“We all want the process of fostering to run smoothly, but when it doesn’t it’s important to know you are not alone. As a member of the NUPFC you can be assured of comprehensive legal advice and services on all matters surrounding foster care should it be required.”
Jacquline McGuigan, Head of Legal
The Court of Appeal
In 2020 the Court of Appeal was held in London over 2 days.
On April 22nd 2021 the Court of Appeal overturned the Employment Appeal Tribunal (EAT) and the new decision was that all foster carers that undertake placements in accordance with the 2011 fostering regulations were in an ‘employment relationship’ with their fostering services.
The Court of Appeal ruled that refusing to allow the NUPFC official union status was a breach of Article 11, the Freedom of assembly and association, where everyone has the right to form and to join trade unions for the protection of their interests.
In his summing up Lord Justice Underhill said:
“I accordingly believe that the Court should allow the appeal and make a declaration that for the purpose of the Trade Union and Labour Relations Act…that the definition of “worker” extends to persons who are parties to a foster care agreement with a fostering service provider. The Certification Officer is very likely now to be obliged to enter the NUPFC on the (Trade Union) list.”
June 2021
The union officially becomes the first government-approved and certified trade union for foster carers.
“We all want the process of fostering to run smoothly, but when it doesn’t it’s important to know you are not alone. As a member of the NUPFC you can be assured of comprehensive legal advice and services on all matters surrounding foster care should it be required.”
Jacquline McGuigan, Head of Legal
Our Commitment to You
As a member of the NUPFC, we provide:
Protection and security.
Representation during any allegation or standards of care complaints process.
Support in daily issues relating to your foster carer role.
Solutions to problems between you and your local authority or agency. Don’t wait until it’s too late – join now.