Summary: There was no fault the Council means tested a special guardianship allowance that it was due to pay Miss X, meaning she received less than she did previously. The regulations allow for the Council to take this approach and the evidence shows Miss X was aware this could happen.

The complaint

1. Miss X complained the Council have reduced the amount of allowance she receives as a special guardianship allowance (SGA), despite it making a promise in 2020 that it would not do so.
2. Miss X said this meant she can no longer afford all the activities her grandson needs.

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The Ombudsman’s role and powers

3. When considering complaints we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. 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)

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How I considered this complaint

5. I spoke to Miss X and considered the information she provided.
6. I considered the Council’s comments and the documents it provided.
7. I considered the special guardianship statutory guidance (2017) which councils have a duty to follow.
8. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

What should have happened

9. Special guardianship is a family court order that places a child or a young person in long-term care with someone other than their parent(s). The person with whom the child lives with will become the child’s special guardian. The Adoption and Children Act 2002, introduced special guardianship and special guardianship orders.
10. Anyone who is a special guardian can ask the Council for support and this may include a special guardianship allowance (SGA). The Council should review any support it gives, including financial, at least every year. The SGA is also means tested and the guardian could end up receiving no allowance at all. 
11. Regulation 7 of the Special Guardianship Guidance and Regulations 2005 says, where a special guardian previously fostered a child, the Council can continue to pay the fostering allowance element for two years after the date of the special guardianship order.

What happened

12. In May 2020, the Council carried out a special guardian assessment on Miss X in respect of her grandson. From this assessment it then completed a support plan.
13. Within the assessment, the assessing social worker recorded that Miss X was at that time, receiving the fostering allowance and this would change to the SGA for the first two years of the date of the order. They have also recorded the SGA is means tested, reviewed annually, and can vary from anywhere between nothing at all, and then up to £157 per week. Finally, the social worker recorded Miss X was aware of this and confirmed she understood what this meant.
14. In August 2023, the Council wrote to Miss X with a revised assessment of her allowances and reduced the amount of allowance it was sending her. After this Miss X complained and appealed the Council’s decision.
15. In December 2023, the Council wrote back to Miss X with its stage two complaint response. It highlighted the extract of the social worker’s assessment where it explained to Miss X it would means test the allowances, which was therefore variable.
16. Miss X told me that while she knew the Council would means test the allowance, she said the social worker gave her the impression this would not affect her because of her specific financial situation.

My findings

17. From the information I have seen, the Council told Miss X, the allowances paid to special guardians was variable and according to the records in 2020, this amount was less than the allowance she was previously in receipt of. Miss X said the Council told her it would not reduce this amount, but the evidence shows otherwise.
18. Notwithstanding this point, the regulations allow the Council to take this approach and I cannot therefore find fault with the Council’s actions.

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Final decision

19. I have completed my investigation with a finding of no fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman