Summary: Mr X complains the Council failed to deal with children’s social care properly. The Council is not at fault.

The complaint

1. The complainant, whom I shall refer to as Mr X, complains the Council failed to deal with children’s social care properly because it did not reimburse him correctly for travel costs.
2. Mr X says he has suffered financial loss.

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The Ombudsman’s role and powers

3. 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

4. I spoke to Mr X about his complaint and considered documents he provided. I made enquiries of the Council and considered its response and the supporting documents it provided.
5. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The Council’s Transport Policy

6. Where possible, contact visits should be arranged as close as possible to where the child is living and/ or attending school, and transport should be provided to and from contact visits by the Carer with travel reimbursed at a mileage rate of 45p per mile. (3.12 Transport to contact and other settings for children in the care of the Authority)
7. The Authority will not provide transport for parents to attend contact visits with their children who are in the care of the Authority. The Authority will reimburse public transport costs for attending contact visits on presentation of a valid ticket or receipt, or will pay a mileage re-imbursement for personal car use at the public transport rate (currently 16.4p a mile). (3.13 Transport to contact visits for parents)
8. Under the Care Act the definition of a child's carer is any adult (including a parent of the child) who is providing care (or intending to provide care) on an unpaid basis to a child or young person under the age of 18.

What happened?

9. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
10. Mr X’s partner has a child Y from a previous relationship. Mr X visits Y.
11. Mr X claimed transport costs from the Council.
12. Mr X complained the Council did not pay him the rate he was entitled to. The Council did not uphold his complaint.

Analysis

13. Mr X says a Council officer told him he was entitled to be paid at the rate of 45p per mile as set out in paragraph 6 above.
14. The Council says Mr X was not told this.
15. There is no evidence to show Mr X was told he could claim 45p per mile. I have therefore considered the wording of the Council’s policy together with Mr X’s factual situation.
16. The Council’s policy refers to ‘parents’ and ‘carers’. It does not define what these terms mean in its policy.
17. Mr X is not Y’s biological parent and he does not hold parental responsibility for Y. Mr X does not have any legal care responsibilities for Y and at present he is not a caregiver to Y. He is Y’s step-parent.
18. Mr X says he was transporting children in the care of the Council. The Council confirmed that Y’s siblings were subject to Interim Care Order’s and Placement with Parent regulations. It says this does not change Mr X’s status by making him a carer. I agree with the Council.
19. Section 3.12 of the Council’s transport policy specifically refers to transport for children in the care of the Council. Mr X does not transport any children in the care of the Council in a role as a carer.
20. Section 3.13. of the Council’s transport policy specifically refers to transport for parents.
21. In the absence of specificity within the Council’s policy, I do not consider it is fault for the Council to consider ‘parent’ to mean anyone who provides care and fulfils role one would expect of a parent. I consider this can include a step-parent.
22. I have seen a parenting assessment relating to Mr X and an email from Mr X in which he refers to Y as his child.
23. The Council was entitled to make the decision it did regarding transport costs. This is not fault by the Council.

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Final decision

24. I have not found fault by the Council. I have now completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman