Summary: We will not investigate Mr X’s complaint that the Council failed between 2013 and 2015 to pay a care allowance and travel expenses for ‘Child A’ who they cared for. Mr X complains late and could have complained sooner. There is not enough reason to exercise discretion to investigate now.

The complaint

1. Mr X complains the Council failed to pay an allowance between Easter 2013 and May 2015 to help with the costs of caring for Child A who moved to live with his family.
2. Mr X complains the Council failed to pay transport costs which he incurred from 2013 to take Child A to see her mother. He says the Council indicated it would pay costs but it did not do so.
3. Mr X says the Council’s offer of £2000 made in 2015 and 2020 is not a reasonable amount. He says from 2015 they had a residence order allowance but caring for the child was expensive. He says the situation has caused the family distress and they feel cheated.

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The Ombudsman’s role and powers

4. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I have considered Mr X’s information and comments.

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What I found

7. Mr X says in 2013 they agreed with the Council to care for Child A because otherwise she would go into care. Mr and Mrs X had been foster carers with another council. Mr X says he understood the Council would pay an allowance and travel expenses to take Child A to see her mother.
8. Mr X says the Council should accept it agreed financial support. His evidence is the record of a family conference held on 1 March 2013. This says Child A was to move to Mr and Mrs X by Easter 2013:
1. The social worker had checked that transport costs for Child A to have contact with her mother (who attended the meeting) would be forthcoming (point 5).
2. The social worker would liaise with the local council’s social services regarding financial support for Child A while living in Mr X’s area (point 6).
3. Mother and Mr X would take action so Mr X would acquire parental responsibility for Child A (point 7).
9. In May 2015, a court granted a child arrangement order confirming Child A would live with Mr and Mrs X. From that time the Council paid Mr and Mrs X a residence order allowance (£116.70 per week, varying according to age). There is a Council email saying the allowance could not be paid until there was a court order.
10. In 2015 the Council investigated the finances and concluded there was a lack of evidence, such as case notes, of what was intended and nothing agreed. In the previous two years there had been many staff changes so it was not possible to establish what had happened. On 9 September 2015, the Council offered Mr X £2000 as a goodwill gesture which he refused.
11. Mr X says since 2015 he has pursued the matter with the Council ‘off and on’. In 2020 the Council reviewed the case and came to the same conclusion. It says Child A was not in care. It believes some financial support was intended but there are no figures. It confirmed the offer of £2000 is still available.
12. Mr X says they had no payments for Child A for 26 months after the move to them. He says he took Child A to see her mother twice a month during this time which was a long trip. In 2020 the Council said this could have been about £3276 if a claim had been made at 45 pence per mile.

Analysis

13. I will not investigate this complaint for the following reasons:
14. The complaint about what happened between 2013 and 2015 is outside the Ombudsman’s jurisdiction (see paragraph 5 above). Mr X is complaining late, after the permitted period of 12 months. This includes the Council’s investigation into Mr X’s complaint and the original offer of £2000.
15. I will not exercise discretion to investigate because Mr X could have complained sooner. As a former foster carer, I would have expected him to complain to the Council in 2013 and come to his office in 2014.
16. Investigation is not likely to find sufficient evidence to show what happened. The Council says it does not have evidence. Mr X’s record of the 2013 meeting is not precise enough. I do not consider a complaint about travel expenses should be investigated when Mr X, as a former foster carer, would know such expenses must normally be claimed on a monthly/regular basis and require receipts.
17. I do not consider it a good use of limited public resources to investigate the Council’s 2020 review. That essentially confirmed the evidence and position explained in 2015.

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Final decision

18. The Ombudsman will not investigate Mr X’s complaint the Council failed between 2013 and 2015 to pay a care allowance and travel expenses for ‘Child A’ who they cared for. Mr X complains late and could have complained sooner. There is not enough reason to exercise discretion to investigate now.

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Investigator's decision on behalf of the Ombudsman