Ombudsman rebukes councils over lack of special guardians support
Tristan Donovan
Thursday, May 17, 2018
Too many councils are not providing special guardians with the support they are entitled to, the Local Government and Social Care Ombudsman (LGO) has warned.
An LGO report, Firm Foundations, found that common shortcomings include councils not giving potential special guardians clear information about what the role involves, producing vague support plans and failing to pay guardians an allowance that is in line with that given to foster carers.
"Special guardianship orders (SGOs) can offer a stable and secure home life for some of the most vulnerable children in our society; children for whom, for whatever reason, it is not possible to live with their birth parents," said ombudsman Michael King.
"Many of these guardians are also family members, and take on their role willingly, but with little notice and without understanding the consequences.
"It is imperative, therefore, that these children and their guardians get the right support available to them - and without having to fight the system to get what they are entitled to."
In 2010 the R v Kirklees Council ruling confirmed that it is unlawful for local authorities to cap special guardian allowances as a fixed percentage of fostering allowances.
In 2012 the R v London Borough of Merton case concluded that local authorities should use the Fostering Network's minimum allowances as their starting point for deciding what to pay special guardians.
However, the ombudsman's report found that these court rulings are still not being adhered to. In February the ombudsman upheld a complaint that North Tyneside Council was wrong to fix its special guardianship allowances at 25 per cent of fostering allowances.
The ombudsman's investigation found that North Tyneside's policy meant 171 special guardians were being paid incorrectly. As a result, the council agreed to backdate payments and revise its policies.
"We have fully revised the way in which we calculate allowances and are writing to all special guardians to explain the changes that we have made in light of the findings of the ombudsman," said a spokesperson for North Tyneside Council.
The ombudsman's Firm Foundations report calls on councils to ensure that those thinking of becoming a special guardian are given clear, user-friendly information about what is involved and financial support available as early as possible. The report also said councils should be consulting with special guardians when creating or altering support plans.
The report also includes a list of questions councillors can ask to scrutinise whether special guardianship policies in their authority are up to scratch.
SGOs are seen as offering children and young people who cannot live with their birth parents greater stability and a cheaper option for councils than residential or foster placements.
In recent years the use of SGOs has increased rapidly. Between 2011 and 2015 the number of SGOs issued by courts increased by 81 per cent to almost 5,400.
Despite the rise, there are concerns that SGOs are being used inappropriately, putting children and young people at risk.
In April 2016 the government widened the remit of the Adoption Support Fund so that it can also be used to support children with SGOs.
A Department for Education spokesperson said: "Special guardians play an important role in giving vulnerable children and young people the care and support they need in a permanent, loving and secure home.
"All councils have a clear legal duty to make arrangements for special guardianship support services such as counselling, advice and financial support where necessary.
"We have also extended access to our Adoption Support Fund to special guardians of previously looked-after children to help pay for therapeutic services they may need for their child."
