Summary: Ms X complains the Council failed to provide her with appropriate financial support to take three Looked After Children to school when she was a foster carer.

Finding

The Ombudsman upheld the complaint and found fault causing injustice.

Recommendations

To remedy the injustice to Ms X the Council has agreed to:

• apologise to Ms X for the fault we have identified;
• reimburse Ms X the travel allowance for the period she transported J and L to and from their schools at the Council’s general mileage rate and not the rate of 20p a mile: and
• consider whether to exercise discretion to consider granting transport given K’s circumstances to see if the child falls under its exceptional circumstances criteria. If so, the Council should consider whether to reimburse Ms X any additional costs of transporting J and K to their school.
• The Council has also suggested it pays Ms X an additional £500 for her time, trouble and inconvenience. We welcome this suggestion.

To remedy the injustice to others we recommend the Council:

• reviews its Fostering Service Terms and Conditions, school transport policy and its procedures to ensure Looked After Children who are ‘eligible’ children receive the free home to school transport they are entitled to;
• writes to all its foster carers inviting them to complain to the Council if they believe they were wrongly denied free home to school transport for their foster children who were ‘eligible’ from August 2017. This being the date of our issued report 16 006 379 which put councils on notice of this issue and gave time to review their policies if not compliant with the law. The Council should consider each case on its merits, explain its decision to the foster carer in writing and signpost those carers who remain dissatisfied to us; and
• ensures foster carers receive clear information about allowances and expenses payable and how to access them before the child is placed to enable them to make informed decisions.

 

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