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LGO urges councils to support special guardians as 70% of complaints upheld

Seven out of ten complaints received about the problems faced by special guardians are upheld, the Local Government and Social Care Ombudsman (LGO) has revealed.

In a report, Firm Foundations, the LGO called on councils to provide the right support and guidance to carers and children subject to Special Guardianship Orders.

The LGO said that common faults included councils not giving the right advice, including about the financial support available, before people become special guardians – "leaving them to make uninformed decisions about the long-term implications".

The Ombudsman said it was also seeing problems with councils not getting proper support plans in place, leaving guardians unclear about the support available, and for how long after they become guardians.

Other highlighted problems included councils incorrectly calculating, changing or cutting special guardianship allowances. In one case, the LGO said, a council wrongly calculated the allowance it paid to scores of families over a number of years.

The Ombudsman’s report draws on best practice guidance written by a council in response to a complaint it upheld, and offers advice to local authorities to ensure their policies and procedures properly support both existing and prospective special guardians.

It also includes a number of questions local councillors can use to scrutinise their authorities to ensure they conform to statutory guidance and best practice.

Local Government and Social Care Ombudsman, Michael King, said: “Special Guardianship Orders can offer a stable and secure home life for some of the most vulnerable children in our society; children for whom, for whatever reason, it is not possible to live with their birth parents.

“Many of these guardians are also family members, and take on their role willingly, but with little notice and without understanding the consequences. It is imperative, therefore, that these children and their guardians get the right support available to them – and without having to fight the system to get what they are entitled to.

“Many of the investigations detailed in the report have resulted in councils taking positive steps to improve their practices. I would encourage all councils that have a duty to support special guardians to learn from this report and ensure their policies and procedures include the proper provisions for families.”

Responding to the report, Cllr Richard Watts, Chair of the Local Government Association’s Children and Young People Board, said: “Special guardians are a vital part of the care system, providing a permanent home with a loving family for some of the country’s most vulnerable children and young people, while maintaining a link to their birth family.

“The LGA has long argued for stronger national oversight of the needs of this group of children and carers, and we are pleased that the Government has now extended the remit of the Adoption Leadership Board to also cover special guardianship orders.

“Recent legislative changes to extend the adoption support fund and virtual school head support to children looked after under special guardianship arrangements were also strongly supported by local government. If properly funded, these provisions should help provide vital additional support for these children and their carers.”

Cllr Watts added: “Councils are absolutely committed to making sure that high quality support is available for carers and children under special guardianship orders. The Ombudsman’s work provides a valuable opportunity for councils across the country to consider their own local practice alongside the recommendations and good practice highlighted in this report, which we will share with our members.”