A hiding to nothing........

[Me,herandV]

Hi. My wife and I are both retired, on a limited income and not entitled to any benefits (believe me, we have tried to claim everything). We have been caring for our granddaughter (now aged 4) since late August 2023. An Interim Care Order was granted on 12th December 2023, and we were granted an SGO on 9th April 2024. We attended the ICO hearing on 12th December and afterwards the CAFCASS solicitor congratulated us and said that the Local Authority would have to start paying us an allowance from that date, i.e. from the moment the Judge granted the ICO. However, payments did not commence until 22nd December 2023, some nine days later, which potentially means we have not received over £200 to which we are possibly entitled. Caring full-time for our granddaughter was not what we had planned for our retirement, but it was a "no-brainer", but considering that we did not receive any financial support whatsoever from 1st September to 22nd December 2023, we are somewhat miffed at the 9 day shortfall. Was the CAFCASS solicitor correct? Is there any legal precedent that we could draw upon, or are we on a hiding to nothing?

[Suzie, FRG Adviser]

Dear Me,herandV

Welcome to the Kinship carers’ discussion forum and thank you for your post.

My name is Suzie, online adviser at Family Rights Group. I am sorry that you have not received the correct payment from children’s services in respect of your granddaughter.

You say in your post that you have been caring for your granddaughter since August 2023 and it appears that you received no financial support from this time until an interim care order was made. Normally, if a child is placed by children’s services with a family member or played significant part in the child going into their care, they should receive a payment from children’s services. In some instances, family members will have taken on the care themselves and in these circumstances the arrangement is deemed to be a private family arrangement. However, if an interim care order (ICO) is made then children’s services should treat the family member as a foster carer and pay the appropriate fostering allowance.

In the case you have set out in your post, children’s services should have paid you a fostering allowance from the time that the interim care order was made. The solicitor for your granddaughter (Cafcass – children’s guardian), informed you that you receive payment from the date of the interim care order (ICO). You have not received payment from the date of the order. It is not clear from your post if you have requested this payment from children’s services. If you have, then I suggest you chase it up. If not, then I suggest you write to children’s services explaining their omission giving the dates and ask for the payment to be made.

Should they fail to respond, or refuse make the payment then I suggest you make a formal complaint. You can find their complaints’ procedure on the Council’s website. You may wish to speak to the Council cabinet member responsible for children matters. Speak to your local councillor for support.

Although you say in your post that you have tried to claim from the benefits agency without success, you may find this advice sheet regarding support for special guardians helpful.

I hope you find this information helpful.

Best wishes

Suzie