Unlawful Deductions to Fees or Allowances: Fostering Remuneration and Unlawful Deductions to Wages

There is a duality in the role of the foster carer: They are expected to be both parents to the children in their care and workers for the fostering service provider, on whose behalf they care for the children; yet in England, they are legally recognised as neither. In recent litigation, respondents have presented those two dual roles as mutually exclusive and irreconcilable—therein lies tension. The duality of the role is reflected in the two types of remuneration English foster carers receive—a fee and an allowance—and the distinctive purposes those types of remuneration fulfil. This article considers how a litigious foster carer might seek to recover an underpayment to their fee and/or allowance through the employment tribunal. It takes as its starting point the distinctive purposes of the types of remuneration and recent developments in status‐related case law. Application of the law of unlawful deductions to wages—and the importance of the purpose of remuneration—provides a useful paradigm for reconciling the tension of the dual role of the foster carer, understanding them as workers undertaking the work of parenting.