Summary: Mr and Mrs P complain the Council did not pay fostering allowance when they cared for their grandchildren between August 2018 and October 2019. There was no fault by the Council.

The complaint

1. Mr and Mrs P complain the Council did not pay fostering allowance when they cared for their grandchildren between August 2018 and October 2019. The Council says it was a private family arrangement. Mr and Mrs P disagree.

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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. 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

3. I considered:
• information provided by Mr and Mrs P’s representative; and
• information provided by the Council.
4. I invited Mr and Mrs P, their representative and the Council to comment on my draft decision.

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What I found

5. Mr and Mrs P have two young grandchildren, B and G.
6. The Council has been involved with B and G since their birth. The Council was concerned about B and G’s parents’ ability to meet their needs.
7. In August 2018, B and G’s parents experienced problems in their relationship and were unable to care for B and G. Mr and Mrs P looked after the children for a long weekend while they sorted things out.
8. Unfortunately, B and G’s parents had not resolved their problems and were still unable to care for their children. The children returned to Mr and Mrs P later in the month.
9. The Council was concerned for the children’s welfare if they were to return to their parents and held a child protection conference. The children were made subjects of child protection plans. Everybody agreed they should stay with Mr and Mrs P for the time being.
10. The Council worked with B and G’s parents to address the issues in their relationship and their ability to care for their children. By December 2018, the social worker reached the view they would not be able to look after their children, and B and G would be better off living permanently with Mr and Mrs P.
11. The Council suggested Mr and Mrs P apply for a Special Guardianship Order. This is a court order that gives them parental responsibility for the children. By late March 2019, B and G’s parents had agreed. The Council undertook an assessment of Mr and Mrs P so it could provide a report to support their application. The report was extremely positive. The Council also produced a support plan and agreed to pay Mr and Mrs P a weekly allowance once the order was granted. The Council paid for Mr and Mrs P’s SGO application. The Court granted the order on 19 October 2019.
12. Solicitors acting for Mr and Mrs P suggested the Council should have paid fostering allowance when they cared for B and G between August 2018 and October 2019, before they got the Special Guardianship Order.
13. The Council refused. It said this had been a private arrangement between Mr and Mrs P and B and G’s parents. It said B and G’s parents had paid the benefits they received for the children to Mr and Mrs P until the Court granted the Special Guardianship Order.
14. Mr and Mrs P’s representatives disagreed. They pointed out the Council’s extensive involvement in the children’s lives, and the child protection conference where it was agreed the children should live with Mr and Mr P. They said the Council failed to tell Mr and Mrs P they would not receive any financial support if they looked after the children. They referred to case law where similar cases had been decided by the Courts.
15. Unable to resolve their dispute with the Council, Mr and Mrs P’s representative complained to the Ombudsman.

Consideration

16. The Ombudsman does not decide whether the Council should have paid fostering allowance between August 2018 and October 2019. This was the Council’s job. We do not approach the matter in the way the Courts might. Our job is to consider whether there was fault in the Council’s actions. We cannot question decisions taken without fault.
17. The Council says it did not arrange for B and G to stay with Mr and Mrs P in August 2019. It clearly supported the arrangement. Had Mr and Mrs P not cared for the children, it is likely the Council would have had to make alternative arrangements.
18. Nevertheless, on the evidence I have seen, it appears the Council is right this was a private arrangement between B and G’s parents and Mr and Mrs P. Following problems at home, B and G’s parents asked Mr and Mrs P to look after their children. Mrs P collected the children. This contrasts with the court cases referred to by Mr and Mrs P’s representative where arrangements were made by the Council without the parents’ involvement. In these cases, social workers asked people to look after children, and took the children from their parents to their new carers.
19. Further, B and G’s parents agreed to pay Mr and Mrs P money from their benefits for the children’s maintenance. The Council did not promise any support. The Council says Mr and Mrs P did not ask for financial support or say they were needed help. Again, this contrasts with court cases where the Council suggested financial support would be available.
20. For these reasons, I find no fault with the Council’s decision it was a private family arrangement that B and G should live with Mr and Mrs P.
21. It is also clear from the Council’s records that in August 2018 the plan was for B and G to return to their parents’ care. B and G’s stay with Mr and Mrs P was to be a short-term arrangement while their parents sorted out problems in their relationship and their home.
22. This did not work out, however. The Council attempted direct work with B and G’s parents to address their problems, but by December 2018 a social worker had concluded the children would be better off living with Mr and Mrs P. The Council suggested Mr and Mrs P apply for a Special Guardianship Order and began the necessary assessments. By late March 2019, the Council had secured agreement from B and G’s parents for the Special Guardianship Order application. The Court granted the order on 19 October 2019. Once the Court granted the Order, and B and G’s parents were no longer eligible for benefits, the Council has supported Mr and Mrs P with regular Special Guardianship Order allowance payments. There is no fault by the Council.
23. In their complaint to the Ombudsman, Mr and Mrs P said B and G’s parents had to repay the benefits they received for the children so they are out of pocket. The Council says my enquiries were the first it had heard of the matter. Mr and Mrs P could take this up directly with the Council. They could send evidence of the benefits they have repaid and ask the Council to reconsider. The Council should have an opportunity to respond before the Ombudsman considers a complaint.

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Final decision

24. I have completed my investigation. I am satisfied with the Council’s actions and find no fault.

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Investigator's decision on behalf of the Ombudsman