Summary: Mrs X complained the Council has not given her any financial support for looking after her granddaughters when their mother could not. The Ombudsman has found no fault in the Council’s decision to not provide financial support to Mrs X.

The complaint

1. Mrs X complained the Council has not given her any financial support for looking after her granddaughters when their mother could not. The Council said it was a private family arrangement. Mrs X said she felt she had no choice. Mrs X said she thought it was for a short period, but it has been over a year. She said this has left her financially disadvantaged.

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What I have investigated

2. My investigation focuses on the events and actions of the Council leading up to Mrs X’s granddaughters (J and K) living with her.
3. Paragraphs 44 and 45 explain what I have not investigated and why.

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The Ombudsman’s role and powers

4. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I have considered Mrs X’s complaint and supporting information. I have also considered the Council’s response to Mrs X and to my enquiries.
7. I have written to Mrs X and the Council with my draft decision and considered their comments.

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What I found

The Law

Children Act 1989

Section 17

8. Section 17 places a general duty on the council to safeguard and promote the welfare of children within their area who are in need. This should, where possible, promote the upbringing of children by their families.
9. The council can provide a range of services under Section 17. This can include practical support such as advice, guidance and counselling. It may include financial assistance. The 2008 Act removed the restriction on councils to only provide financial assistance in exceptional circumstances. Councils should have in place clear eligibility criteria in relation to the provision of support services under section 17, including financial support.

Section 20

10. Section 20 says every council must provide accommodation for any child in need within their area who appears to them to require accommodation as a result of:
1. There being no person with parental responsibility for the child;
2. Their being lost or having been abandoned; or
3. The person who has been caring for them being prevented from providing them with suitable accommodation or care.

Family and Friends

11. Family and Friends Care is the statutory guidance for councils. It sets out a framework for the provision of support to family and friends carers. The guidance makes it clear that children who are unable to live with their parents should receive the support that their carers need to safeguard and promote their welfare, whether or not they are ‘looked after’.
12. A ‘looked after’ child means a person under 18 who is subject to care order under section 31 of the 1989 Act or accommodated under section 20 of that Act.
13. Family and Friends Carer means a relative or friend who cares for a child full time These carers are sometimes referred to as ‘kinship carers’. A child who is cared for by a family and friends carer may or may not be looked after by the council.
14. The guidance says the needs of children who are cared for under ‘informal arrangements’ should be met through the best use of resources designed to safeguard and promote their welfare. This is to ensure children do not unnecessarily become ‘looked after’.
15. It goes on to say that no child should have to become ‘looked after’ for the sole purpose of enabling financial, practical or other support to be provided to the child’s carer.
16. The guidance recognises that it may not always be easy to determine whether a child requires accommodation under section 17 or section 20. It says that, in any case, the council should provide an appropriate range and level of support.

What happened

Background

17. Mrs X’s granddaughters; J and K lived with their mother, Mrs Y. Mrs Y suffers from poor mental health, alcoholism and an eating disorder. From the evidence I have seen, this has had a very negative effect on her daughters, especially, J.
18. As a teenager, J developed serious mental health problems. She frequently self-harms and makes threats to end her life. The Council’s notes suggest that J’s mental health has been declining for the past two years.
19. Mrs X regularly supported her daughter (Mrs Y) and her granddaughters (J and K). J and K would frequently stay with Mrs X when Mrs Y was unable to care for them.
20. The Council was aware of the family’s circumstances. The notes suggest the Council had been regularly involved with the family for several years. It has provided support to the family in relation to incidents at home and at J and K’s school.

Events leading to the girls living with Mrs X

21. In June 2018, there were several occasions where Mrs Y presented as intoxicated. J and K were present on some of these occasions and attempted to care for their mother.
22. On 6 June, Mrs Y was found unconscious outside the girls’ school. The Council raised concerns that Mrs Y was frequently under the influence of alcohol and was not able to provide safe care for J and K.
23. Council notes show, on 11 June, Mrs Y was taken to hospital due to serious concerns around her mental health presentation. On the same day, during a meeting at the girls’ school, the Council agreed that Mrs X would care for the girls whilst Mrs Y was unwell. It recognised that Mrs X appeared to be able to offer short term care, but it would be unlikely to be a long term option due to her own health issues. On 12 June, Mrs Y was discharged from hospital.
24. Several further incidents related to Mrs Y’s alcoholism, took place in June. On one of these occasions, Mrs Y was arrested on suspicion of stealing alcohol. During this time, both girls, and on occasions, Mrs Y, stayed with Mrs X.
25. On 26 June, Mrs Y went ‘missing’. The police became involved. Mrs Y was found entering a river by a member of the public threatening to end her life. The Council’s notes show at this stage, the ‘safety plan’ was that J and K are cared for by Mrs X as an interim measure. Although Mrs Y was physically present, the Council did not consider that she was in a fit state to care for the girls.
26. In early July, the Council’s notes highlight some concerns. It said, Mrs X, whilst able to meet the girls’ needs, is not able to separate the needs of her daughter (Mrs Y) with the needs of her grandchildren. J and K were continually exposed to their mother’s instability and intoxication which was damaging their emotional health.
27. On 2 July, the Council decided the case needed to progress to the courts regarding the care arrangements for the girls.

Over the coming weeks, the Council frequently communicated with Mrs X, Mrs Y, J and K.

28. On 12 July, the Council wrote to Mrs Y outlining the court process. On 13 July, Mrs Y was admitted to hospital after taking an overdose. After she was discharged, Mrs Y received support for her alcohol and mental health problems.
29. On 26 July, the Council met with Mrs X and Mrs Y at Mrs X’s home. This meeting was to discuss the intention of the Council to start court proceedings in relation to the care of J and K.
30. At the meeting, Mrs Y stated clearly, she did not want the girls in her care as she wanted to focus on herself and becoming well. The notes show that Mrs X challenged her on this and suggested that surely, she would want the girls returned to her once she became well. Mrs Y said no. Mrs Y also said she’d give up her rented house if needs be. Mrs Y later moved into a one bedroom flat.
31. Mrs X said at this meeting that she would care for the girls. She said she is their grandmother and of course she wanted them.
32. The notes show that Mrs X said she would seek legal advice and wished to be assessed as a kinship carer. Mrs X told the Council she was able to support both girls but would struggle financially in the long term.
33. Both girls continued to live with Mrs X until May 2019 when J was placed in a children’s home specialising in mental health under Section 20.

My Findings

34. From the evidence I have seen, the Council has been significantly involved with Mrs X and her family for several years. In summer 2018, the issues escalated, and J and K began to live with Mrs X, their maternal grandmother.
35. Mrs X provided her granddaughters with a safe and stable home when their mother could not. This was initially on an informal basis when circumstances required it. Gradually it became more regular as Mrs Y’s health deteriorated until it became a longer term arrangement after the meeting on 26 July 2018.
36. Mrs X’s house was J and K’s home from 26 July 2018 until 14 May 2019. K is still living there. This situation was made much harder given J’s mental health problems. Mrs X provided the best care that she could in the circumstances.
37. The evidence shows that both girls, and Mrs Y would regularly stay with Mrs X. Therefore, I am satisfied with the Council’s argument that the girls were not placed there under Section 20 in July 2018.
38. Mrs X’s complaint is that the Council should have given her financial support during this time. She told the Council she was struggling emotionally and financially.
39. The Council provided Mrs X and her family with a large professional support network. This included; Child and Adolescent Mental Health Services (CAMHS), the Crisis Team, the Eating Disorder Team and the Family Solutions Team.
40. The Council’s extensive case notes show the Council were almost in daily contact with the family between May 2018 and May 2019. This shows the Council fulfilled its duty to provide support to Mrs X whilst she cared for her granddaughters. The statutory guidance says this support can be given in a variety of ways. Financial support does not need to be one of them.

Financial support and Section 17

41. In November 2018, the Council spoke to Mrs X about financial support. It said it explained that because the girls were not looked after children, Mrs X was not eligible for financial support.
42. The Council said it asked Mrs X whether she received child maintenance from J and K’s father. It is not clear from the notes if this was the case. It also said it offered to assist her in applying of the relevant benefits for the children. Mrs X said she found out about benefit entitlement through a different source.

Conclusion

• Mrs X thinks the Council should pay her as a family and friends’ carer.
• The Council says the girls living with Mrs X was a private family arrangement.
• My findings support the Council’s decision. J and K did not require accommodation under Section 20 of the Act. They always had a home with Mrs X.
• When Mrs X asked the Council for support, the Council provided regular help and advice. This included access to a large professional network.
• The Council advised Mrs X to seek child maintenance from the girls’ father. It also said it offered her assistance in applying for the benefits her and the girls were entitled to.

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Final decision

43. I have completed my investigation. The Council was not at fault for not providing financial support to Mrs X.

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Parts of the complaint that I did not investigate

44. I have not investigated what happened after the girls began living with Mrs X.
45. This is because Mrs X’s complaint is about the Council’s decision not to provide financial support. This decision is specifically in relation to the events that took place when the girls began to live with Mrs X.

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Investigator's decision on behalf of the Ombudsman