Summary: We will not investigate Ms X’s complaint about the Council’s decision to stop special guardianship support. This is because there is insufficient evidence of fault to justify our involvement.

The complaint

1. Ms X complained the Council had stopped special guardianship support payments for their child, Y, who has learning difficulties. Ms X said this would mean Y missed out on sensory toys and activities that would help them, and it would cause financial hardship for the family.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X was receiving special guardianship support payments for Y, who loves with her. These payments are discretionary and are subject to an annual means-test. In early 2024, the Council carried out a review and decided to stop the payments.
6. Ms X complained. In its responses, the Council said:
• its policy was that former foster carers would be paid an allowance for two years to help them adjust their finances after becoming special guardians. There was no expectation of financial support after that period and the Council had continued to make payments, although at a reduced level;
• it had carried out a review and means-test in line with its policy, and the information provided to Ms X. In doing so, it was entitled to take into account Y’s Disability Living Allowance (DLA); and
• Y did not have additional needs that met the criteria for ongoing support.
7. We are not an appeal body. It is not our role to say what decision the Council should make. Unless there is fault in the decision-making process, we cannot comment on the decision reached.
8. Having reviewed relevant documents, I am satisfied the Council has followed its own policy and the special guardianship statutory guidance when deciding whether to make the discretionary payment. It has also followed guidance from the Department for Education and Skills in relation to the way it carried out its means-test, although it is not required to do so. It is not clear it sent a letter to Ms X explaining its decision to stop the support payments, but it has explained its reasons in its complaint responses.
9. Based on this, we will not investigate the complaint further because there is insufficient evidence of fault in the decision-making process to justify our involvement.

Back to top

Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman