Summary: Ms X complains the Council failed to recognise her and her partner as family and friends carers when a private fostering arrangement for Child C ended.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice caused, we recommend the Council:

• apologise to C for not acting sooner to secure her legal status and address the issues with contact, and pay her £1,000 for the uncertainty and distress this caused
• apologise to Ms X and her partner for failing to assess them as family and friends carers, and pay them £1,000 for the frustration caused by this. This payment also recognises the stress caused by having to secure C’s immigration status, and pursuing their complaint;
• pay Ms X and her partner the allowances they would have received as family and friends carers, minus any benefits they received to care for C. Ms X should provide evidence of benefits received before the payment is made. This should cover from April 2017 when C’s mother died to May 2019 when C moved to another placement;
• on the production of evidence of costs by Ms X, make a payment to C’s trust fund to cover the cost of her application for leave to remain and citizenship;
• add copies of the stage two investigation report and adjudication, the stage three panel report and adjudication, and this decision to C’s records for her reference in the future;
• remind social workers that private fostering arrangements are voluntary and subject to the agreement of a person with parental responsibility and the willingness of the private foster carer;
• remind social workers of their responsibility to promote contact between children in private fostering arrangements and their parents;
• review all open private fostering cases to ensure it has documented: the readiness of the carer to continue caring; the expected duration of the placement; the arrangements to support the child financially; and that arrangements for contact are satisfactory; and
• review open cases of unaccompanied children to ensure it is offering the support outlined in the statutory guidance, ‘Care of unaccompanied migrant children and child victims of modern slavery,’ especially regarding the child’s immigration status.
• share the outcome of both reviews with us.

Ombudsman satisfied with Council's response: 9 March 2021.

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