Summary: The Ombudsman will not investigate Miss X’s complaint about the cessation of an adoption support allowance. It is unlikely we would find fault as the subject of that allowance is now an adult and the Council has no duty to support them.

The complaint

1. The complainant, whom I shall call Miss X, says the Council should continue to pay her an allowance for D, whom she adopted as a child.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
•  it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information Miss X provided with her complaint and the Council’s response. I considered Miss X’s comments on a draft version of this decision.

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What I found

Background

4. Miss X says she started fostering D when they were ten days old. In 2013, Miss X adopted D. Miss X says D has a severe learning disability. Miss X says she was awarded adoption support allowance for D. She says she felt she had no option but to agree to it.
5. Miss X says she understands this is due to end this year. She would like it to continue as Miss X’s needs are the same. Miss X says she cannot care for D properly without this allowance of £500 a week.
6. The Council says that in November 2013 Miss X signed an Agreement for the Provision of Financial Support. The Council says the Agreement says the payment will stop when D finished the education they were on at the age of 18. The Council says this ended this summer. The Council says D will be 19 in September 2019.
7. The Council says D may be entitled to adult income allowances. But these will be paid to D direct and as an adult with disabilities. Any Council support will come from D’s local Council. Miss X and D do not live in this Council’s area.
8. Miss X says her local Council has refused to provide support.

Analysis

9. The Council had the power to pay the adoption allowance because of the Adoption Support Services Regulations 2005. They state allowances stop when the

“child attains the age of 18 unless he continues in full-time education or training, when it may continue until the end of the course or training he is then undertaking”

10. It is unlikely we would find fault in the Council’s decision to stop the adoption support as this meets the Regulations. The Council has no power to continue paying the allowance.

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Final decision

11. The Ombudsman will not investigate this complaint. This is because we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman