Grandmother who is bringing up her son's children as her own wins Ombudsman case against Milton Keynes Council

The woman's successful battle for a highly weekly allowance will now have positive implications for other such family carers all over Milton Keynes.

Known only as Miss X, she complained to the Ombudsman for Local Government and Social Care that she was only being paid £136 per week by the council to look after both children.

This compares to the fostering allowance of around £500 a week had the youngsters gone into council care.

Now, after examining her case, the Ombudsman has ruled that the council pay Miss X a backdated increased allowance - and also identify all other Special Guardians in MK affected by this "fault" in their allowance policy since May 2018.

His report states that Miss X took on the two children in December 2016 because their parents "were unable to look after them properly"

She became a 'friends and family foster carer' and received a fostering allowance of around £500 per week for both children from MK Council.

"A social worker explained to Miss X that her financial support would remain the same for two years but would then revert to a means tested allowance," states the report.

"The council also carried out a dummy run financial assessment, setting out what she would receive after two years under the council’s SGO policy. She was told it would be £143 per week for both children," it adds.

But in April 2019, Miss X was asked by the council to complete a financial assessment. As a result of this assessment, in June 2019 she was told the allowance would be £136 per week for both children.

Miss X complained that the council unfairly reduced the allowance she received and this had a "significant effect" of her family's quality of life.

She tried to complain to MK Council but said they failed to address her concerns.

The report states: "The case records show that from the start, Miss X had a number of candid conversations with council officers about her concerns over how she would manage financially. She had to give up her full time job to care for them and without the fostering allowance she would be significantly financially disadvantaged."

It adds: "Miss X works two days a week. The children are in nursery full time as well as after school clubs. Miss X states she needs money for this. The youngest child will start full time nursery/school in September but Miss X states she still requires money for after school clubs."

Under a Special Guardianship Order the courts appoint someone, often extended family members such as grandparents, to be a child’s special guardian who will then become responsible for all day to day decisions about the child.

Government guidance states: “In determining the amount of any ongoing financial support, the local authority should have regard to the amount of fostering allowance which would have been payable if the child were fostered. The local authority’s core allowance plus any enhancement that would be payable in respect of the particular child, will make up the maximum payment the local authority could consider paying the family. Any means test carried out as appropriate to the circumstances would use this maximum payment as a basis.”

The Ombudsman's office had previously published a special focus report about how all councils should support Special Guardians.

But, with regards to how MK Council treated Miss X, he said: "The focus report appears to have fallen on deaf ears. This decision highlights continuing systemic problems which affect not just Miss X, but potentially others in receipt of Special Guardianship Allowances from the council."

He concluded: "There was fault by the council which caused injustice to Miss X and potentially other Special Guardians in the council’s area. The council has agreed to take the action set out above to remedy that injustice."

The Ombudsma has now ordered the council to apologise in writing to Miss X for the faults he identified, and to calculate and backdate to May 2018 all Special Guardianship Allowance payments for which Miss X was eligible, based on the fostering rate relevant at the time and children’s ages.

MK Council must also reimburse half of Miss X’s £1,600 legal costs and pay her £500 to acknowledge the distress she has been caused by the council’s "failure to properly handle" her case.

The council must also reconsider its policy for Special Guardianship Allowances and.identify all other Special Guardians affected by this fault since May 2018, the Ombudsman ordered.