Summary: Mrs X complained that the Council failed to pay her the allowance due to her as a kinship carer. We have found no fault. The Council properly considered the circumstances of the case and made a decision which was consistent with the requirements of government guidance.

The complaint

1. The complainant, whom I refer to as Mrs X, has been helping care for her grandson, Y, since his birth in 2020. But, in May 2024, his mother decided she could no longer look after him. He has been in Mrs X sole care ever since.
2. Mrs X complains that the Council has failed to provide her with the financial support she should receive as a kinship carer. She says it claims the arrangement is a private family matter. However, she says this is inaccurate because she had no say in becoming Y’s sole carer.
3. Mrs X says the Council’s refusal to pay her an allowance has caused her a financial injustice, particularly because of the costs associated with Y coming into her care (such as school transport, clothes and furniture). She also says she has been caused distress.
4. Mrs X wants a backdated allowance until she manages to secure a court order to care for Y more permanently. She also wants her expenditure reimbursed.

Back to top

The Ombudsman’s role and powers

5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way a council made its decision. If there was no fault in how the council made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

7. I considered evidence provided by Mrs X and the Council as well as relevant law, policy and guidance.
8. Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

9. Kinship care (sometimes known as family and friends care) is when a child is being raised in the care of a friend or family member who is not their parent. Most such arrangements are informal and remain private without children’s social care services being involved.
10. Kinship carers may experience financial difficulties because of taking on the care of a child. The financial impact of this can be considerable.

The Council’s responsibilities

11. In 2024, the government issued statutory guidance while tells councils how to deliver support to children in kinship care (and their families). This was introduced after Y started living with Mrs X, but before the Council made its final decision on Mrs X’s support.
12. Under the guidance, councils can decide that a child in a kinship care arrangement should become a ‘looked-after’ child. This is a matter for councils to decide on a case-by-case basis.
13. In making such a decision, the key question is whether the child needs accommodation under one of the criteria set out in section 20 of the Children Act 1989. These are that:
• They have nobody to exercise parental responsibility for them.
• They are lost, or have been abandoned.
• Their parent(s) are unable, for whatever reason, to provide them with suitable accommodation or care.
14. If a council played a major role in making the kinship care arrangements, it was likely using its power to provide accommodation under the Act, so the child will be deemed to be looked-after.
15. In that case, the kinship carer must be approved (or temporarily approved) as a foster carer and paid a weekly fostering allowance.
16. The guidance explains that there will be some children in informal kinship arrangements – not arranged by the council – who nonetheless need help (including financial). This help should be delivered using the Council’s powers under section 17 of the Act (the provision of services for children in need of support).

My findings

17. Although the Council is not duty-bound to provide financial support to everyone who is looking after a child on behalf of a close family member, each case must be considered on its own merits. The Children Act gives councils wide-ranging powers to provide support – including financial – to children and their families.
18. Such decisions are for councils to make, not the Ombudsman. But, in making them, we expect councils to have proper regard to their statutory responsibilities, and to each child’s individual circumstances.
    
     
19. In Y’s case, the Council’s records show that it:
• Considered the circumstances of how Mrs X started looking after him, but noted that this happened without its influence or knowledge.
• Clearly and consistently explained its position – that it did not consider him a looked-after child – to Mrs X.
• Provided reasoning why the section 20 threshold was not met. This was because, if Mrs X was not looking after him, the Council would still not seek to take him into care. This does not appear obviously unreasonable.
• Considered his wider needs, formed a support plan and provided Mrs X with ad hoc financial support, as and when it deemed this necessary.
• Supported Mrs X, both financially and otherwise, to apply for a court order seeking parental responsibility for him.
20. These were matters for the Council to decide. And it did so in a way which was consistent with the requirements of the statutory guidance.
21. For this reason, I have no power to question the Council’s decision.

Back to top

Decision

22. I find no fault.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman