Calls for clarification of law on fostering and savings for children

A council and ombudsman have called for clarification of the law over the responsibility of foster parents to organise savings for children.

The case arose from a dispute between Bridgend County Borough Council and ‘Mr N’, who complained to the Public Services Ombudsman for Wales that after his placement broke down in 2014 the council failed to manage his savings properly.

Some were used to pay for trips for which he should have received a special allowance and that the savings he received when he left care in January 2015 were substantially less than he expected.

Bridged has now agreed a goodwill payment of £3,310, having earlier declined the ombudsman’s suggestion that it should pay this as compensation for maladministration.

In a joint statement, the ombudsman and council called for clarification of the present legal situation in which foster parents are advised - but not required - to save for children in their care.

The statement said: “The ambiguity of this requirement can and does lead to inequality between foster children placed with different families, and a solution is needed at a national level which addresses this anomaly.

“Clarity is needed on the requirements to make savings, to record savings and to record expenditure from savings, as well as on the issue of who is responsible for savings made on behalf of a looked-after child and the duties on local authorities to oversee and monitor savings.”

Bridgend agreed following the case to tighten its procedures and make the goodwill payment.

Council leader Huw David said: “This specific issue needs to be urgently addressed as local authorities can only currently recommend that foster carers make savings for children in their care.

“I would like to see the policy strengthened and national measures put in place to prevent such a situation from reoccurring, and to help ensure that looked-after children can have the best possible start in life.”

Ombudsman Nick Bennett said: “I am very pleased that the council has made this goodwill payment, and that our complainant will feel that his injustice has been corrected. We are in agreement on the need for broader change and clarity.”

Mark Smulian