Rowlands v City Of Bradford Metropolitan District Council

A foster carer’s relationship with a local authority is not contractual and therefore does not constitute employment within section 78 of the Race Relations Act 1976. The conclusion follows the binding decision in [1998] 3 W.L.R. 534. Accordingly, a claim founded on the statutory employment provisions cannot proceed on the basis of a prospective or actual foster-carer relationship with a local authority.

The respondent, a race equality officer, complained that the council had discriminated against her when dealing with her application to become a foster carer. The Industrial Tribunal dismissed the complaint after accepting that the council had no case to answer.

The Employment Appeal Tribunal disagreed on that issue and, on 20 November 1997, dismissed the council’s cross-appeal. It held that the foster-carer relationship was employment within section 78 of the Race Relations Act 1976.

The council appealed. The central issue was whether the relationship between a local authority and a foster carer was contractual and therefore fell within the statutory definition of employment.

1. Appeal allowed unanimously. Stuart-Smith LJ held, with Potter and Brooke LJJ agreeing, that the Employment Appeal Tribunal’s conclusion could not stand.

2. Section 78 of the Race Relations Act 1976 defines employment by reference to a contract of service, apprenticeship, or personal work or labour. The necessary contractual relationship did not exist between a foster carer and the local authority.

3. The point had been conclusively decided by this court in W and Others v Essex County Council [1998] 3 W.L.R. 534. That court had unanimously held that foster parents and a local authority were not in a contractual relationship. Its separate and divided ground of decision was irrelevant.

4. The council also relied on the statutory foster-placement scheme as reinforcing that conclusion. The respondent and the Commission for Racial Equality properly conceded that the later decision in W meant that the appeal had to succeed.

5. The appeal was allowed with costs.

• Court of Appeal (Civil Division): Allowed the council’s appeal and reversed the Employment Appeal Tribunal’s conclusion that the foster-carer relationship was employment for section 78 purposes.

• Employment Appeal Tribunal: On 20 November 1997, dismissed the council’s cross-appeal and held that the relationship fell within section 78 of the Race Relations Act 1976.

• Industrial Tribunal: Dismissed the respondent’s discrimination complaint after accepting the council’s submission that it had no case to answer.