Durham County Council (21 015 183)
Category : Children's care services > Friends and family carers
Decision : Not upheld
Decision date : 22 May 2022
The Ombudsman's final decision:
Summary: Ms X complains about the Council’s decision to end her special guardianship financial support. We find no fault with the Council for the way it completed its review and with its decision to end financial support.
The complaint
- Ms X complains about the Council’s decision to end her special guardianship financial support.
The Ombudsman’s role and powers
- 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)
- We cannot question whether an organisation’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)
- If we are satisfied with an organisation’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)
How I considered this complaint
- I spoke with Ms X and considered the information she provided.
- I considered the information provided by the Council.
- I sent two draft decisions to Ms X and the Council and considered their comments.
What I found
Legislation, guidance, and policy
- A special guardian can ask councils for support. Any support, including financial, should be reviewed at least annually, and can be removed. Support is means tested and the Special Guardian may end up receiving no allowance at all. Councils should have a policy detailing how they will provide support to special guardians.
- The Council’s special guardianship support policy, paragraph 9.2.2, notes financial support is payable up to two years. However, the Council may consider providing further financial support if there are exceptional circumstances or if the child/young person has exceptional needs.
- Three months prior to the financial support ending, the Council will let the carer know and give them the opportunity to request a review of the support/services. As part of the review process, the Council will complete a review document and a financial checklist.
- The financial checklist will provide confirmation of current income and essential expenditure and ensure that all eligible benefits and funding are being accessed, and that carers are provided with the appropriate support to manage their financial circumstances.
- A panel will then consider the review documentation and decide whether to continue financial support. Where the panel decides to continue financial support, the Council will complete a financial assessment to determine the allowance.
What happened
- Ms X became a special guardian for her grandson, A, in 2014. This was done through a special guardianship order (SGO). Records showed the Council agreed to provide financial support through a SGO payment for two years.
- In June 2021, the Council sent Ms X a letter telling her it would complete a review to assess the current needs of A to identify the support and services they were eligible for.
- As part of the review, the Council completed a financial checklist which considered Ms X’s monthly income and expenditure. The financial checklist noted Ms X had a monthly surplus of just under £748.
- The Council provided a copy of its review document, including the financial checklist, to Ms X. The Council said it did not receive any further feedback from Ms X.
- The council’s panel considered the review and decided to end the financial support payments. The Council agreed to provide a final lump sum payment to Ms X. The panel’s reasons were:
- Ms X had received financial support for longer than the initial two-year time limit.
- Ms X was accessing all eligible benefits.
- Ms X had a monthly surplus of just under £748.
- There were no additional needs that would warrant the continuation of financial support.
- Ms X was unhappy and asked the Council to review its decision. Ms X also provided the Council with some further information. The Council sent Ms X a copy of the review documents for comments.
- In November 2021, the Council considered Ms X’s appeal. The panel declined to reinstate the financial support as it decided there were no additional needs or financial constraints which would warrant ongoing financial support.
Analysis
- The Council’s policy notes that where carers make representations for financial support to continue, the Council will complete a review of the carer’s circumstances. As part of this review, the Council will complete a financial checklist. This review, alongside the financial checklist, is then sent to a panel to consider. The panel will decide whether the Council should continue to provide financial support.
- Only when the panel decides to provide ongoing financial support, will the Council complete a financial assessment. Therefore, the financial checklist and financial assessment are different as they do not share the same purpose. Further, the way the Council should complete a financial checklist, as opposed to a financial assessment, is different.
- The Council’s policy states the financial checklist will provide confirmation of current income and essential expenditure and ensure that all eligible benefits and funding are being accessed. The evidence shows the Council has completed the financial checklist for Ms X in line with the policy. Therefore, we cannot find fault with the Council.
- As the Council has completed its review in line with its policy, the panel was entitled to consider the information gathered during the review. The panel has clearly outlined its rationale for why it decided to end the financial support. As the panel has properly considered all relevant information, we cannot find fault with the decision it made.
Final decision
- I find fault no fault with the Council for the way it completed its review and with its decision to end financial support.
Investigator's decision on behalf of the Ombudsman