Durham County Council (21 006 764)

Category : Children's care services > Friends and family carers

Decision : Not upheld

Decision date : 14 Feb 2022

The Ombudsman's final decision:

Summary: there is no fault in the Council’s decision to end Ms G’s Special Guardianship Order allowance. The Ombudsman cannot question decisions taken without fault.

The complaint

  1. Ms G complains the Council has stopped paying Special Guardianship Order allowance for her grandchildren. She thinks the Council’s decision is unfair. She thought she would receive the payments until the children were 18.

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The Ombudsman’s role and powers

  1. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
  2. 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

  1. I have considered:
    • information provided by Ms G; and
    • information provided by the Council, including its responses to the complaints made on Ms G’s behalf by her MP.
  2. I invited Ms G and the Council to comment on my draft decision.

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What I found

  1. Ms G is a Special Guardian for her grandchildren. The Council has paid Special Guardianship Order allowance since 2014.

Special Guardianship Order Allowance

  1. A Special Guardianship Order is a court order that gives a carer parental responsibility for a child.
  2. Councils can provide financial support if they consider it is necessary to ensure a Special Guardian can look after a child. This may be because the child needs special care which requires greater expenditure than would otherwise be the case because of illness or disability for example.
  3. The Council must carry out an assessment to determine whether financial support is necessary. The assessment must take account of the child’s needs and the family’s financial resources, including benefits and outgoings.
  4. Any financial support is means-tested. Special guardians have the same right to benefits and tax credits as birth parents. Special Guardianship Order allowance cannot duplicate any other payment special guardians may be entitled to.
  5. The Council must review the support provided at least once a year.

What happened

  1. The Council reviewed Ms G’s Special Guardianship Order allowance in March 2021 and decided to end the payments. The Council made a one-off payment equivalent to three months’ allowance to enable her to plan for the end of the payments.
  2. Unhappy with the Council’s decision, Ms G contacted her MP. Her MP wrote to the Council. The Council agreed to visit Ms G to discuss her concerns. The Council undertook a full benefit and welfare check to ensure Ms G was receiving all the benefits she was entitled to. The Council advised Ms G about claiming Universal Credit.
  3. The Council reviewed its decision to end Ms G’s payments. Following the review, the Council made an additional one-off payment to recognise delays in processing Ms G’s benefit claim. However, the Council confirmed it would no longer pay Special Guardianship Order allowance.
  4. Ms G thinks the Council’s decision is unfair and complained to the Ombudsman. She knows special guardians who live in different council areas who have been promised payments until their children are 18.

Consideration

  1. The Ombudsman does not decide whether Ms G should receive Special Guardianship Order allowance. This is the Council’s job. My role is to check the Council made its decision properly, taking account of all relevant legislation, regulations, guidance and Council policies.
  2. The Council reviewed its decision to end Ms G’s Special Guardianship Order allowance. It invited Ms G to submit evidence and considered her views.
  3. Ms G has not disputed the Council’s calculations. She has not identified any expenses she thinks the Council should have considered, or any income it should have disregarded in the assessment. She has not identified any additional expenditure for the children’s care because of illness or disability, for example.
  4. There are, therefore, no grounds for me to question the Council’s decision.
  5. Ms G thinks the Council’s decision is unfair, particularly in light of the policy of neighbouring councils to pay Special Guardianship Order allowance until a child’s 18th birthday. It is for the Council, not the Ombudsman, to decide how to use its limited resources. Each council sets its own policy within the boundaries set by the Government. If Ms G disagrees with the Council’s policy, she could ask her local councillor to lobby for change.
  6. If Ms G’s financial circumstances change, she can ask the Council for a new financial assessment.

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Final decision

  1. I have completed my investigation. There is no fault in the Council’s decision to end Ms G’s Special Guardianship Order allowance. The Ombudsman cannot question decisions taken without fault.

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Investigator's decision on behalf of the Ombudsman

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