Case No. UKUT-58-(AAC)

5.The respondent is a single woman living in a three bedroom properly which she rents from a housing association.6.By a letter dated 27th May 2010 (bundle p.151) the Council informed the respondent that she had been approved as a regulation 28 foster carer for one supported lodgings placement. She received a formal notice of approval dated 4th June 2010 (p.154) which states expressly that the decision of the Fostering Service was that:“In accordance with Regulation 28(5)(a) of the Fostering Services Regulations 2002, … your application to foster has been approved.”The notice of approval also set out the terms of the approval, namely, that the type of approval was supported lodgings placement, the maximum number of children was 1 young person, the age range was 16+ and placements would be of females only.7. It is common ground that the Council’s Fostering Service placed a number of young women with the respondent over the next few years.8.By a letter dated 27th March 2018 (p.155) the Council informed the respondent that it had considered her “re-approval from a supported lodging to a regulation 27 foster carer” and had approved her as “a foster carer to care for 1 child aged 0-18, with preference of young women age 16 plus”.9.Arising from those facts, there has developed a lengthy and complicated dispute as to whether the respondent is subject to a 25% deduction in respect of the eligible rent or whether the deduction is limited to 14% only.