Minute 59 (Cabinet Agenda Item No. 10 refers)

Called-in by Councillors Cox and Davidson

The Committee considered Minute 59 of the meeting of the Cabinet held on 15 June 2021, which had been called-in to the People Scrutiny Committee, together with a report of the Executive Director (Children and Public Health) setting out changes and updates to the Special Guardianship Order (SGO) Policy, including changes to the financial support provided by the Council when an SGO was made by the Family Court and how the Council would respond to requests for financial support throughout the term of an SGO.

The Cabinet Member for Children and Learning undertook to provide a written response to questions raised by members of the Committee, with regard to the current position on the backdated payment in restitution for all SGO cases where the transitional arrangements under the previous SGO Policy had been in place, and whether the financial means test to be applied under the new policy in situations where a Special Guardian requested financial support, was to be based on a national standard format and, if so, whether there was flexibility in how the means test was applied and whether a right of appeal was available.

Resolved:

That the following decisions of the Cabinet be noted:

“1. That the revised SGO Policy set out at Appendix 1 to the submitted report, be approved.

2. That the need to revise the Policy following the recommendation from the Local Government Ombudsman, be noted.

3. That the financial implications of the new policy for previous years and also for new cases going forward, be noted.”

Note: This is an Executive function

Cabinet Member: Councillor L Burton

Report of Executive Director (Children and Public Health) attached

The Cabinet considered a report of the Executive Director (Children and Public Health) setting out changes and updates to the Special Guardianship Order (SGO) Policy, including changes to the financial support provided by the Council when a Special Guardianship Order (SGO) is made by the Family Court.  The updated policy also sets out how the Council will respond to requests for financial support throughout the term of an SGO.

Resolved:

1. That the revised SGO Policy set out at Appendix 1 to the submitted report, be approved.

2. That the need to revise the Policy following the recommendation from the Local Government Ombudsman, be noted.

3. That the financial implications of the new policy for previous years and also for new cases going forward, be noted.

Reasons for decision:

1. To comply with a recommendation made by the Local Government Ombudsman (LGO) following a finding from the LGO that the Council’s Special Guardianship allowance practice was not fully in line with legislation, statutory practice and case law.

2. The revised SGO Policy will ensure that special guardians receive the correct financial payment and following a review of all special guardians who did not receive the correct payments, for the 2-year transitional period, under the previous SGO policy, backdated payments are currently being arranged.

Other options:

None.

Note: This is an Executive Function

Eligible for call-in to: People Scrutiny Committee

Cabinet Member: Cllr Burton

The Cabinet considered a report of the Executive Director (Children and Public Health) setting out changes and updates to the Special Guardianship Order (SGO) Policy, including changes to the financial support provided by the Council when a Special Guardianship Order (SGO) is made by the Family Court.  The updated policy also sets out how the Council will respond to requests for financial support throughout the term of an SGO.

Resolved:

1. That the revised SGO Policy set out at Appendix 1 to the submitted report, be approved.

2. That the need to revise the Policy following the recommendation from the Local Government Ombudsman, be noted.

3. That the financial implications of the new policy for previous years and also for new cases going forward, be noted.

Reasons for decision:

1. To comply with a recommendation made by the Local Government Ombudsman (LGO) following a finding from the LGO that the Council’s Special Guardianship allowance practice was not fully in line with legislation, statutory practice and case law.

2. The revised SGO Policy will ensure that special guardians receive the correct financial payment and following a review of all special guardians who did not receive the correct payments, for the 2-year transitional period, under the previous SGO policy, backdated payments are currently being arranged.

Other options:

None.

Note: This is an Executive Function

Cabinet Member: Cllr Burton

*Called-in to People Scrutiny Committee