Council compensates couple after unfairly reducing SGO funding
Gabriella Jozwiak
Monday, November 26, 2018
A council has introduced changes to the way it manages special guardianship arrangements after the Local Government and Social Care Ombudsman found it unfairly cut financial support to two foster carers.
Bedford Borough Council applied for a Special Guardianship Order (SGO) on behalf of a couple fostering two young siblings in 2014.
Under the arrangement, the family understood it would continue to receive the allowance rate they had received as foster carers.
However, in 2016 the council applied a means test to the couple, reduced the allowance and insisted they claim welfare benefits.
The ombudsman ruled that the council had failed to explain the financial implications of changing status from foster carers to special guardians.
He also criticised the local authority for not consulting on versions of the support plan, for reducing allowances contrary to the support plan and for poorly explaining its decisions and keeping records.
A report on the case stated: "There are no records of any discussions with Mr and Mrs X about the question of financial support before they agreed to take on the role.
"The support plan submitted to the court did not say the SGO allowance would be subject to a means test and an annual review."
As a result, Bedford Borough Council agreed to back-pay the allowance amount at the rate of a foster carer allowance, and continue to pay this minus benefits until the children reached the age of 18.
The authority also paid the couple £500 in compensation, and it has introduced changes to its policies to ensure all SGO plans are clear about conditions on financial support, that these are discussed with prospective special guardians in a timely way, that they have 28 days to comment, and that the council fully explains the financial implications to all foster carers who wish to become special guardians.
A Bedford Borough Council spokeswoman said: "We seek to provide high-quality services and resolve all complaints that we receive.
"This is a complex case but we have put in place new ways of working to prevent this happening again."
Local Government and Social Care Ombudsman Michael King said: "Special guardians do a vital job in providing stability and security for some of our most vulnerable children who cannot live with their birth parents.
"While taking this on willingly, in return they deserve to have all the facts to understand the implications for their lives.
"In this case, Bedford Borough Council simply didn't follow best practice in advising, involving and consulting with the couple."
In May, the ombudsman warned that too many councils were not providing special guardians with the support to which they were entitled.
In 2017, 3,690 children were placed under SGOs, more than double the number in 2016, government figures show.
