The Adverse Affect

On the understanding that the arrangement was intended to be long-term, Ms Brown and Mr Murphy felt under considerable pressure to source accommodation by 1 June 2001. They claimed that they had discussed the issue of accommodation with the social workers, whom they said had advised them against renting, as this could have meant further moves for the children. They further claimed that the social workers had advised them to purchase a property in a location which would be convenient for access visits to the children's father.

This meant that they had to buy a more expensive house, which was closer to an urban area, than they might otherwise have considered. The Board, however, denied these allegations indicating that the provision of suitable accommodation was a matter for the couple in the first instance. Despite their best efforts, the couple encountered a delay in finalising the purchase of a house which would accommodate themselves and the three children. The purchase of their house did not materialise until the following month in July 2001.

In the intervening period, the Child Care Manager had sought a copy of Ms Brown's resignation from her job with effect from 1 June 2001, and Ms Brown tendered her resignation from that date. The children's aunt and uncle had gone abroad on holiday, and so an arrangement was put in place whereby the children were cared for in a shared capacity by the couple, in Ms Brown's parent's house, for the first two weeks, and by their relatives on their return from holiday, until the couple's new house was ready. However, following Ms Brown's resignation on 1 June 2001, the Board declined to pay her the amount previously agreed by way of salary replacement, as the children were not full-time in her care. Instead, the Board implemented a revised financial arrangement whereby a pro-rata payment was made for each day she cared for the children. The children's aunt and uncle also received a pro-rata payment during this period. However, Ms Brown was not advised when she tendered her resignation that the Board would only pay her a pro-rata daily amount in respect of each day she had the children in her care. The Board indicated that this financial arrangement was to continue until the children moved into the full-time care of the couple which was then re-scheduled for 13 August 2001.