Source · SPSO (Scottish Public Services Ombudsman)

South Lanarkshire Council

SPSO (Scottish Public Services Ombudsman) Upheld Reference 201700063 Sector Local Government Category child services and family support Decided 01 December 2017

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Full decision

Summary

Mrs C, who works for an advocacy and support agency, complained on behalf of Mr A who is a kinship carer for his nephew (child B). Following the death of child B's mother, Mr A stepped forward and agreed to became his nephew's carer when no other family members were available. Mr A applied to the council for kinship care allowance (financial support which is available for those who are caring for a child who has a looked after status, who has previously had looked after status, who has been placed with involvement from the local authority or who is at risk of becoming looked after). The council did not award the allowance on the basis that child B had not been previously looked after and was not at risk of being looked after. Mrs C complained that this decision was unreasonable.

We took independent advice from a social worker. The adviser noted that the council did not carry out any assessment of Mr A or child B's needs. It was the adviser's view, which we accepted, that had Mr A not come forwards, child B would have undoubtedly have been received into care. For these reasons, we upheld the complaint and made a recommendation to the council.

Recommendations

What we asked the organisation to do in this case: Carry out an assessment of child B and Mr A's needs in order to determine whether the family are eligible for, or require, kinship care assistance.

We have asked the organisation to provide us with evidence that they have implemented the recommendations we have made on this case by the deadline we set.

Related reading

View Decision Report 201700063 as a PDF (12.32 KB) Updated: March 13, 2018

View original on SPSO (Scottish Publ… website

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