No financial support

[Robin D]

So sorry that the LA are ignoring the panel. Definitely one for the ombudsman. Unbelievable.

Hopefully you know you can make the complaint on-line at https://www.lgo.org.uk/make-a-complaint ... -complaint. You will find they are extremely busy most of the time. If it's like it was 4-5 years ago, you will have to wait for the case to be allocated but they do keep you posted on progress.

Good luck and don't let the blighters get you down.

[Nana23]

Happy New Year (again) Further Update *****
Following our last post we contacted the ombudsman with our full complaint regarding the lack of financial support, as the LA deemed our situation to be a private family arrangement, even though the Stage 3 panel had upheld our complaint. In October 2024 we were notified the ombudsman would investigate our complaint. By November of 2024 the LA contacted us directly to inform us they now considered our situation was no longer a private family arrangement and offered a settlement including backdated pay to 2022 along with an ongoing monthly payment. We decided not to take this offer as from the very start we had informed the LA this was not a private family arrangement, we again informed them our granddaughter should have had "looked after" status from December 2020. We have now had the final decision from the ombudsman; The decision states our granddaughter should have had looked after status as from December 2020, quoting section 20 of the Children's Act along with all the relevant law that was sent to the LA on our very first stage 1 letter template from yourselves.
The ombudsman has informed the LA they should pay us equivalent to foster carers from Dec 2020 along with ongoing monthly payments, they now have 30 days to provide evidence they have complied.
It has taken such a long time but finally I feel we are now at the end of a long road with financial security for our granddaughter. Once again I would like to thank everyone for all the wonderful advice, the template letters, which have proved invaluable to our case and all the support received from the FRG. To anyone in a similar situation please don't give up, keep going its worth it all in the end. Thank you all from the bottom of our hearts we really couldn't have done this without each and every one of you.

[Robin D]

That is wonderful news @Nana23.

I know you are grateful for the help and advice you have received, but please do not underestimate your own effort and tenacity in getting to this outcome for the child in your care. Well done you, and many thanks for posting back with the update. It's really nice when we get to hear how people have got on. It also helps anyone else in a similar position who is browsing the forum.

Now you can concentrate on your granddaughter and breathe a sigh of relief. Bringing up your granddaughter is no mean feat in itself, but you have shown what sterling stuff you are made of. It will not be a walk in the park as I am sure you are aware, but it is the most wonderful gift you can give her.

Best wishes ... Robin

[Nana23]

Thank you so much!!!!!

[Suzie, FRG Adviser]

Happy New Year (again) Further Update *****
Following our last post we contacted the ombudsman with our full complaint regarding the lack of financial support, as the LA deemed our situation to be a private family arrangement, even though the Stage 3 panel had upheld our complaint. In October 2024 we were notified the ombudsman would investigate our complaint. By November of 2024 the LA contacted us directly to inform us they now considered our situation was no longer a private family arrangement and offered a settlement including backdated pay to 2022 along with an ongoing monthly payment. We decided not to take this offer as from the very start we had informed the LA this was not a private family arrangement, we again informed them our granddaughter should have had "looked after" status from December 2020. We have now had the final decision from the ombudsman; The decision states our granddaughter should have had looked after status as from December 2020, quoting section 20 of the Children's Act along with all the relevant law that was sent to the LA on our very first stage 1 letter template from yourselves.
The ombudsman has informed the LA they should pay us equivalent to foster carers from Dec 2020 along with ongoing monthly payments, they now have 30 days to provide evidence they have complied.
It has taken such a long time but finally I feel we are now at the end of a long road with financial security for our granddaughter. Once again I would like to thank everyone for all the wonderful advice, the template letters, which have proved invaluable to our case and all the support received from the FRG. To anyone in a similar situation please don't give up, keep going its worth it all in the end. Thank you all from the bottom of our hearts we really couldn't have done this without each and every one of you.

Dear Nana23,

Thank you so much for coming back to update us on this forum. This is terrific news and testament to your persistence.
It is really helpful for people to read about your progress and final success on this issue.

Congratulations to you.

Best wishes,
Suzie

[Nana23]

Hi again,
Please could someone clarify the information I am now receiving from the LA, following the Ombudsman decision giving the LA 1 month to comply, today on day 21 we have heard from the LA. They rang to inform me my granddaughter is now open to children's services however is not classed as a "looked after child" they have been to mum who has refused to sign a section 20 so they want us to proceed with an SGO, I was under the impression they should initiate a regulation 24 and now assess us as foster carers and we would have a choice whether we wanted to go down the SGO route. I'm a little confused but have no trust in anything they are saying, they have told me they will provide a financial package as per the ombudsman decision along with an apology in due course, but cannot understand why I would want to be assessed as a kinship foster carer. They keep telling me they should have done a section 20 followed by a regulation 24 and assessed us in the beginning and our granddaughter should have been a looked after child but as she has now been with us over 4 years they will not meet the threshold if they go down the legal care order route, Im so confused,
Thankyou in anticipation of your reply.

[Robin D]

Hello again @Nana23.

What a pain!

It seems to me that the LA are again prevaricating and trying to 'pass you the monkey' by muddying the waters and trying to place the problem on you. That may be a result of panic that they realise that they have screwed up big time and are thrashing around trying to find ways out of the mess. I suspect the internal processes and procedures are possibly getting in the way but the possibility of a SGO is entirely unrelated to the Ombudsman's decision, and equally, whether or not they should have done something 4 years ago.

I suggest you reply saying that there are four different issues that the local authority have to deal with, and in the correct order:
1. Putting right the wrong identified by the LGO and giving you the backdated fostering allowance AND the money going forward within the timescales set. Make it clear that you will take the matter back to the LGO if they fail to comply. If they have procedural issues, as the legal status of the child is unresolved, that is not your problem, nor your 'procedure and process' getting in the way, it is theirs and theirs alone to solve. That may mean executive involvement or even the main council or a 'compliance' committee, but it's not for you to decide or recommend.
2. A review into the mistakes made in the past by the LA, possibly independent. This should be something that should be set up and undertaken by the LA and to which you are happy to contribute to but are not prepared to undertake yourself.
3. Sorting out the legal position of the child. If mum is refusing to sign a section 20, that is the LA's issue and error, not yours, (or indeed Mum's). Defacto the child has been in your care for four years. Again the errors in process are not your's nor yet yours to resolve.
4. A proper review of the permanence plan for the child. If you are happy to go for a SGO then fine, but you should not be pressured into that decision. Given the proven intransigence of the local authority I would demand the offer of SGO allowance in writing and making it clear that it will be paid until the child is18. However, you are not even prepared to consider moving for an SGO until points 1-3 are resolved to your and the LGO's satisfaction.

Again @Suzie is likely to pop in with her views. If they differ from mine, please take her suggestions above mine.

I am sure you really thought this battle was over, and anyone sensible would be expecting the LA to be falling over backwards to right the wrongs, but this unfortunately is often the way. The LGO does though get very upset if LA refuse to do as they have been asked. You only have to read the weekly list of decisions from the LGO to see how many times it happens.

Having written this much, I think I would be inclined in your position to write to the Chief Executive 'signed for' setting out the above. If you need help drafting it, post back and I will happily help.

Good luck ..... Robin

[Nana23]

Thank you once again for your valuable advice Robin. The deadline for the LA was yesterday, they have sent a part payment but not the full amount, their letter of apologise consists of a few lines in between giving incorrect information to us once again. We are flabbergasted I contacted them yesterday to set out the errors and sent information again to the ombudsman, they apologised and informed us the balance of payments would be sent next week, I asked about the status of our grandaughter only to be told it may be best to keep it a private family arrangement but they would still pay us, needless to say I informed them in no uncertain terms we have been fighting this for 4 years finally being successfully with the ombudsmans decision we would not accept this whatsoever. I have just finished writing to the director of children's services along with a copy to the chief executive of the LA and an extra copy to our MP, I will update as soon as I have more information, hopefully onward and upwards.

[Suzie, FRG Adviser]

Hi again,
Please could someone clarify the information I am now receiving from the LA, following the Ombudsman decision giving the LA 1 month to comply, today on day 21 we have heard from the LA. They rang to inform me my granddaughter is now open to children's services however is not classed as a "looked after child" they have been to mum who has refused to sign a section 20 so they want us to proceed with an SGO, I was under the impression they should initiate a regulation 24 and now assess us as foster carers and we would have a choice whether we wanted to go down the SGO route. I'm a little confused but have no trust in anything they are saying, they have told me they will provide a financial package as per the ombudsman decision along with an apology in due course, but cannot understand why I would want to be assessed as a kinship foster carer. They keep telling me they should have done a section 20 followed by a regulation 24 and assessed us in the beginning and our granddaughter should have been a looked after child but as she has now been with us over 4 years they will not meet the threshold if they go down the legal care order route, Im so confused,
Thankyou in anticipation of your reply.

Dear Nana 23,

Thank you for your updates. I see you have had very useful advice from Robin D.

There is no formal right of appeal for the local authority against the local government ombudsman’s decision in your favour. People can apply to the High Court to challenge an ombudsman’s decision because it is legally flawed—this is called judicial review. Judicial review is primarily concerned with the issue of whether the correct legal basis was used to reach a decision rather than whether the decision was right, and this would not be a feasible next step for the local authority. They would appear to be in a gradual process of adjusting to the reality of the ombudsman’s decisions and the steps they now have to take.
The gradual nature of this response is extremely frustrating for you after you have waited so long, and fought so hard for the reality of your status as a kinship foster carer over the past four years to be acknowledged. I am glad that you are bringing this to the attention of the director and seeking the support of your MP. Have you also contacted your local ward councillor and the councillor with cabinet responsibility for children and families within your local authority?

I agree that any decision on a special guardianship application is not for now, and certainly not until the financial payments owed to you are received. You should not feel pressured into deciding on which type of kinship care arrangement is the best outcome for your grandchild until the actions instructed by the local government ombudsman are fully complied with.

I do not understand the local authority’s argument that threshold would not be met in care proceedings. The question for threshold rests on whether there is evidence that it would not be safe for your grandchild to return to parental care. I also do not see how they can continue to designate this as a 'private arrangement' but pay you as a kinship foster carer. This is their issue to solve however.
You can read more about care proceedings here.

I have sent links to information from the website below about different types of kinship care and the processes involved so that you have access to this in the future when the current issues are resolved to your satisfaction.

You can read more about different types of kinship care here .

In at any point in the future you do want to find out more about special guardianship you should request that the local authority fund independent legal advice for you so that you can be assured that your grandchild’s best interests and financial security have been fully considered.

You can read more about the kinship foster care assessment process here here.

An advice sheet about special guardianship applications in care proceedings is here.

Private law special guardianship applications are discussed in detail here.

I hope this information is helpful.

Best wishes,
Suzie

[Nana23]

Thank you for your advice, I will update when I have more information, Many thanks