Decision Report 202004021

Summary

C complained that the partnership had unreasonably failed to provide C with kinship care support in line with their obligations. C became the carer for their family member (A) when A's parent was no longer able to care for them.

We took independent advice from a social work adviser. We found that the partnership had not published information about their application process for kinship care assistance in accordance with the relevant legislation and guidance and had failed to advise C how they or A could apply for a kinship care allowance. We upheld C's complaint that the partnership had unreasonably failed to provide C with kinship care support in line with their obligations.

C also complained that the partnership had failed to provide A with transition support. Following independent social work advice, we found that a referral to an appropriate support scheme should have been made. We also upheld this aspect of C's complaint.

Recommendations

What we asked the organisation to do in this case:

• Apologise to C and A for failing to publish information about the local authority's application process for kinship care assistance, failing to advise C or A how they could apply for a kinship care allowance, and failing to refer A to the 16-25 Young People in Transition Scheme. The apology should meet the standards set out in the SPSO guidelines on apology available at www.spso.org.uk/information-leaflets.
• Advise C and A how they can apply for a kinship care allowance.
• Check if A would still like to be referred for an assessment with a view to providing support under the relevant legislation and if so, make this referral.

What we said should change to put things right in future:

• Information about the local authority's application process for kinship care assistance should be published in accordance with Section 9 of the Kinship Care Assistance (Scotland) Order 2016.
• Information about the local authority's kinship care allowance application process should be provided to kinship carers or children in kinship care placements.
• Referrals to the 16-25 Young people in Transition Scheme should be considered for eligible vulnerable young people in need of support.

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.