Family Rights Group | Kinship carers’ Forum

Hi,
I'd like to know please, if a payment amount which was in the SGO plan and presented to court is it legally binding?.
The LA have given me a different amount, its just over a pound a week less, but 10+ years worth adds up for 2 children!

Many thanks

I could well be wrong, but I doubt it's 'legally binding' in the absence of a 'contract' or it being written into the court order, but it certainly warrants making a complaint and following it through to stage 3 if required. https://frg.org.uk/get-help-and-advice/ ... complaints should help you through the process of making a complaint.

If you get through to stage 3 and they still persist, it's one to take to the Local Authority Ombudsman. However you have to have been through the complaints procedure before the LGO will look at it unless they refuse to accept the complaint. None of this should cost anything except time and a bit of tenacity.

@Suzie, the FRG advisor may be along to correct me on the 'legally binding' question if I am wrong, or with more help.

QAW456 wrote: Wed May 22, 2024 11:21 pm Hi,
I'd like to know please, if a payment amount which was in the SGO plan and presented to court is it legally binding?.
The LA have given me a different amount, its just over a pound a week less, but 10+ years worth adds up for 2 children!

Many thanks

Dear QAW456

Thank you for posting on the kinship discussion forum.

My name is Suzie, online adviser at Family Rights Group, I am sorry to see that you may have received an amount you con-sider incorrect in respect of the special guardianship allowance received from the local authority for the children in your care.

The amount referred to in the document to the court would, I believe, have been the support package prepared when your special guardianship assessment was carried out. It ap-pears the amount you received over the years was slightly less, you do not say when this reduced amount started if im-mediately the order was made, I think it would have been appropriate to challenge at the time.

The fact that the amount was written into a support package does not make it legally binding as it is an indication of what children’s services intends to do. In addition, the allowance is means tested so if there had been any change in your in-come this could be what is reflected in the payment.

As the poster who responded to your post suggested, unless the amount was written into the court order it is not binding on children’s services. Also, there would have been yearly re-views of the special guardianship allowance and children’s services could argue you did not challenge the payment.

If you are or were in receipt of income support any child benefit you received should not be deducted from the allowance.

You can of course decide if you wish to make a formal complaint about the reduced amount since you had an expectation you would receive the amount in the support package. There is information HERE about making complaints.

It may be useful for you to read information relating to practical and financial support for special guardians.

I hope this helps.

Best wishes

Suzie