Appeals

[Thebesticanbe]

Afternoon all. Was just after abit of advice my financial renewal was up for assessement after my 18months SGO ordered. Long story short my money dropped by nearly £130 per week. I only work 16 hours and on UC. I requested the panel looked at my circumstances again as it was a big difference. With the cost of living etc. They granted the original payments for the next 6 months but my original request was until he went to school(another 18month) so then I can work more hours and don’t have to rely on childcare etc. I would like to appeal any advice please?

[Suzie, FRG Adviser]

Dear Thebesticanbe

Welcome to the kinship carers’ discussion board. Thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser. I am very sorry that there has been a delay replying to your query.

You are a Special Guardian to a young boy. You have recently had a review of your Special Guardianship allowance. As a result of this review, the allowance you were being offered was due to be cut by almost £130 a week. This is a large cut. You are on a low income as you work part-time and get universal credit. I can understand how worrying this is, especially during the current cost of living crisis.

Did the review clarify why your allowance was being reduced? If you have not been given a written copy setting out how this was worked out, and a copy of the local authority’s policy on how they conduct financial assessments for Special Guardianship allowances then you should request these in writing now.

If you were treated as a kinship foster carer for the child before you became his special guardian you may have received a reward element that you previously received as part of a previous fostering allowance. This is usually paid for up to 2 years or longer in exceptional circumstances) as regulation 7 of the Special Guardianship Regulations sets out.

So this may explain part of the reduction but not all. It would also explain why children’s services have agreed to pay for another 6 months as it is usually paid for2 years and you mention that you got the SGO 18 months ago.

You were right to challenge this massive reduction. You were partly successful as children’s services then agreed to continue to pay the original amount for another 6 months.

However, you had already argued that this would need to be paid until the child attends school.

You are wondering if there is an appeal process.

The way to appeal would be to make a complaint . First of all, as mentioned above, make sure that you know why the allowance has been reduced, what deductions have been made. If you are unsure about whether children’s services have made deductions fairly, please seek further advice on this. It is also a good idea to review the Special Guardianship support plan that was agreed before the SGO was made to be clear about what was being offered at that time.

Then set out what you are unhappy about and why. You should highlight why you and the child need the financial support to continue at the same level until he starts school. And set out what the impact on you both will be if it is drastically reduced.

We have a full explanation of complaints processes here . If you exhaust the complaints process you can consider contacting the Local Government Ombudsman then to ask them to review the matter. This is explained more here.

You may also find the information in the following advice sheets helpful:
2 e) : Practical and emotional support for Special Guardians
2 h) : Welfare benefits for kinship carers
2 e) The Education system in England: information for kinship carers

I am also enclosing a link to government childcare support information here and Turn2Us charity where you can check your benefit entitlement and explore if there are any grants that you can apply for to help you and the child you are caring for.

I hope this helps.

Please post back if you have any further queries or call the freephone advice line on 0808 8010366, Mon to Fri, 9.30 am to 3.00 pm, to speak to an adviser. We also have an advice enquiry form and webchat facility.

Best wishes

Suzie