Summary: Mr and Mrs B complain the Council is at fault for failing to increase the Special Guardianship Allowance they receive for their granddaughter from the rate set in a support plan agreed with the Council when the Special Guardianship Order was made in 2011. This fault has meant they have received less financial support than they would otherwise have received.

Finding

The Ombudsman upheld the complaint and found fault causing injustice. 

Recommendations

To remedy injustice caused the Council should:

• calculate and backdate to November 2013 (the date of publication of our focus report, “Family Values: Council services to family and friends who care for others’ children”) all Special Guardianship Allowance payments for which Mr and Mrs B are eligible, based on the fostering rate relevant at the time and their grandchild’s age;
• reconsider its policy for Special Guardianship Allowances in light of the statutory guidance, caselaw and our focus reports;
• identify all other special guardians affected by this fault since November 2013; and
• make backdated payments to those special guardians, calculated using the reconsidered policy.

Ombudsman satisfied with Council's response: 23 September 2020.

Print this page