Advice needed on Orders and payments- Desperate

[R123]

Hi There,

I am writing this email with regards to the above publication you have on your website regarding the good samaritian.

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I am in need of some advice with my case, I have sent my compliant to the Ombudsmand and the Local Authority.

I took on my nephew in December 2010 till September 2011. I was living in a one bedroom flat with my partner and daughter at the time was 3 years old. I was also pregnant with my second daughter. The local authority had seen how small my living situation was and still allowed for my nephew to stay with me.

I was initially going for a Kingship order but was informed by the social worker at the time that If I got a residency order first as this process was much quicker and would help me with my housing situation, and I could then go back and do the SGO. I was completely mislead and done what they had said as i thought this would help me get moved quicker. This was not the case. I then went onto do the SGO and the local authority had refused to support the application as they thought it was sufficient enough that I had the Residency Order even though this is not what i wanted. I was not informed with regards to financial help or that it would be means tested. This had completely thrown me that hey had not supported me. From the day I took my nephew on till now I have had no support whatsoever financially, emotionally and my nephew has had no support either. I now see why they talked me into the Residency Order, as they knew they would not have to help me financially or with any needs that my nephew may have.

Before my sisters children were taken it has already been proved by the Local Authority that they was already in the stages of having the children removed.

We have saved the local authority thousands of pounds, I am not asking for much, I just want what is right for my nephew and his future, he deserves to have a good start in life as this local authority have failed these children.

The local authority have given me a backdated figure based on the national minimum fostering allowance less any benefits I received and informed me that going forward I would received a certain amount.

They have now back tracked and said they are only willing to back date payments from December 2012 from when I got the court order and this will be means tested, which i was not informed of from the start.

From December 2010 till when I got the court order surely I should have been seen as a friends and family carer so should be entitled to be backdated from December 2010. And I am sure my nephew was a looked after child from when I took him on till when I got the court order as my sister was not present at any meetings and did not give her permission for me to take my nephew. I am not sure if they means test on friends and family? My nephew was on child protection register.

I would also like to know if my nephew is not related to my partner why I should be means tested under his earnings too, he is not his child and we are not married. I have never been able to claim child tax for my nephew either.

Also would my nephew be entitled to any long term support package going forward? he did not have the best start in life and although he seems to be ok now who is to say that in the future he will not need support with regards to any issues that may arise. I just want my nephew to have the support he should be entitled to and any help he may be entitled to once at the age of living on his own.

I really hope you can give me some advice going forward. I am at my wits end as they have just mucked me around for nearly 7 years now and just wont do what is right by the child.

Thank you

*** edited by Suzie to comply with the board rules.

[Suzie, FRG Adviser]

Dear R123,

Thank you for your post. I can see that you have also posted on our Family and Friends Carers Board. As you are an aunt and that is a more suitable place for your post, I won’t reply to your questions here but a reply will be posted as soon as possible on that board.

Best wishes

Suzie