Summary: Miss B complained that the Council had failed refund deductions of child benefit from her Special Guardian Allowance to 2019 when she became a special guardian. We found the Council failed to properly consider whether Miss B’s circumstances merited a backdated payment over a longer period. However, the Council has now offered to make a payment of approximately £6,300, representing the deductions back to 2019. We are satisfied this adequately remedies the injustice to Miss B.

The complaint

1. Miss B complained that Devon County Council (the Council) failed to properly consider her request for refunding deductions of child benefit from her Special Guardians Allowance (SGA) from May 2019, following our report in January 2024 which concluded that these deductions should not be made for those in receipt of means-tested benefits. This has caused Miss B frustration and distress.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’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)

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How I considered this complaint

4. I considered evidence provided by Miss B and the Council as well as relevant law, policy and guidance.
5. Miss B and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.
6. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I found

7. We issued a public interest report on 25 January 2024 saying that the Council should recalculate the SGA of affected carers in receipt of means-tested benefits, in accordance with government guidance and pay them a sum equivalent to any child benefit deductions from the date of the report. The Council agreed to meet this recommendation and backdated the repayments to 1 January 2024. It also amended its policy for future special guardians so that deductions of child benefit would not be made for those in receipt of means-tested benefits.
8. Miss B was one of those affected carers and received a backdated payment to 1 January 2024. She complained to the Council in February 2024 that she should receive the deductions from the date she became a special guardian in 2019.
9. The Council responded in March 2024 at stage one of the statutory children’s complaints procedure. It said it had agreed to the Ombudsman’s recommendations in the report and complied with them.
10. Miss B was not satisfied and complained to us. We clarified that the Council should consider the individual circumstances of complainants who approached the Council as a result of our report and not fetter its discretion. The Council agreed to consider the complaint at stage two of the statutory complaints procedure.
11. The investigation report was completed and sent to Miss B in September 2024. It upheld the complaint that the Council had failed to follow government guidance regarding the SGA payments. It partially upheld the complaint that the Council had acknowledged fault but not refunded child benefit for the full period. However, it concluded that the Council had complied with our recommendations for putting matters right. It agreed that Miss B had not be provided with a breakdown of how her SGA had been calculated but did not uphold the complaint that she had not been provided with support as a special guardian.
12. The Council apologised for the upheld parts of the complaint, agreed to send her a full financial statement showing how her SGA had been calculated and to ensure she was paid correctly. It did not agree to backdate the deductions to 2019 and considered the Council was providing appropriate support to Miss B and the child.
13. Miss B complained to us, and we agreed to take the complaint early rather than require Miss B to complete the third stage of the procedure.
14. In response to my enquiries the Council said it has provided financial and practical support to Miss B and the child which had been confirmed by the complaint investigation. It did not agree that Miss B had indicated she was experiencing financial difficulties during her period as a special guardian. But given a recent change in Miss B’s personal circumstances it proposed to pay Miss B £6,299.46 which equates to the amount of child benefit deducted from her SGA since she became a special guardian.

Analysis

15. I consider that when Miss B complained to the Council it did not adequately consider her individual circumstances to decide whether it should have made deductions of child benefit from her SGA since she became a special guardian. It simply relied on the recommendations in our report which applied to all affected special guardians. This was fault. If a special guardian complained individually to the Council about this matter, we expected it to look at their individual circumstances to decide if payment over a longer period was appropriate.
16. I welcome the Council’s offer to pay the deductions back to 2019 when Miss B became a special guardian. I consider it has now properly considered Miss B’s individual circumstances, and the proposal adequately remedies the injustice she has experienced.

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Decision

17. I find fault causing injustice. The Council has taken appropriate action to remedy the injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman