Public Services Ombudsman (Wales) Act 2005

Notice pursuant to Section 17(3) of the above Act. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Public Services Ombudsman for Wales (The Ombudsman) has investigated a complaint and found maladministration by Bridgend County Borough Council and has sent a report on the results of his investigation to Bridgend County Borough Council. The complaint related to failings in how a looked after child’s savings were monitored and scrutinised by the Council. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

A copy of the report is available here and for inspection by the public without charge during normal office hours at Civic Offices, Angel Street, Bridgend for a period of 3 weeks from 6 December 2016 and anyone who wishes may take a copy of this report or make extracts therefrom. Photocopies of the report or parts thereof will be provided on payment of 5 pence per sheet. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Date: 6 December 2016
Darren Mepham, Chief Executive ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Bridgend County Borough Council – Response to complaint made to the Ombudsman by Mr N. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

(Case 201503185) ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Public Services Ombudsman for Wales has investigated a complaint against the Council and has issued a report in accordance with Section 16 of the Public Services Ombudsman (Wales) Act 2005 as it has determined that the case raises important issues at local, regional and national levels about looked after children and their savings. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

In accordance with Section 17 of the Act the Council must publish a copy of the report and make it available for inspection at its offices for a period of 3 weeks. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Council has acknowledged the report and accepted all of the Ombudsman’s recommendations with the exception of recommendation (b) – to make a payment to Mr N of £3,310 to reimburse him for savings that had not been made for him during his time in foster care as the Council’s position is that Mr N has not suffered injustice or hardship in consequence of this matter. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Council takes its role and responsibilities as a corporate parent for looked after children extremely seriously however, there is currently no legal requirement or national policy or guidance in place regarding savings for looked after children, aside from the establishment of a junior ISA and therefore the Council cannot enforce the need for foster carers to provide savings for looked after children and indeed could not terminate their services as a foster carer if they chose not to save for their looked after child. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Council has ascertained from other local authorities that there is no mandatory savings policy in place, all foster carers are merely encouraged to either save themselves on behalf of children or encourage children for whom they provide care to save themselves. The Welsh Government ‘National Minimum Maintenance Allowances for Foster Carers 2014-2017’makes no mention of pocket money or the amount to be set aside in saving. Furthermore, the National Fostering Network which works in partnership with Welsh Government and which is a charity considered to be the essential network for foster care does not have a policy or expectation in place in respect of savings. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Council was willing to offer Mr N a voluntary settlement of £1100 to reimburse him for holidays that were funded from his savings which was indeed a recommendation of the Ombudsman in September 2015. The Council is concerned that it was originally informed that the matter had been closed, only for it to be reopened and be published a year later due to it being in the public interest. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Council takes all complaints very seriously and has recognised that actions need to be taken as a result of the report and will carry out all of the recommendations (with the exception of recommendation b) within the timescales proposed by the Ombudsman. In addition, the Council has implemented the following actions: ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

• The Council’s Foster carer handbook has been reviewed;
• The National Fostering Framework leads have been asked to consider as part of its activities in respect of finance; advice on the establishment of a national position or policy on savings for looked after children;
• The Council’s Foster carer agreement has been amended.

The Council has welcomed the fact that the Ombudsman will be sharing his report with the Welsh Government for discussion at a national level. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​