What can kinship carers do if financial assistance is refused?

A refusal of financial assistance does not always end the matter. The next step depends on the type of kinship arrangement, the local authority’s policy, the reason for refusing help and whether the decision was made under a legal duty or a discretionary scheme. Kinship carers should identify the decision route, challenge any error through the appropriate process and consider other sources of support while the issue is being examined.

Check what kind of assistance was refused

Financial help can arise in different ways, including support connected with a child being looked after, a special guardianship order, a child arrangements order, or a local authority’s kinship care policy. These routes have different eligibility rules. A refusal under one scheme does not automatically establish that the carer is ineligible for every other form of assistance.

Check whether the decision concerns:

• a regular allowance;
• a one-off payment for items such as furniture, clothing or equipment;
• help with legal, travel or assessment costs;
• support that was requested before an order or placement was made; or
• a payment that has been reduced, suspended or stopped rather than refused for the first time.

The relevant policy should explain the qualifying conditions, how household income and resources are treated, whether previous payments affect eligibility, and whether the authority has discretion to make an exceptional payment.

Separate a review from a complaint

A financial decision can often be questioned through more than one route, but those routes serve different purposes. A review or appeal asks whether the decision was correct under the relevant rules. A formal complaint usually concerns the way the authority handled the matter, such as failing to consider relevant information, applying the wrong policy, giving inadequate reasons or making an unreasonable delay.

Using the complaints procedure does not necessarily replace a review or appeal. The carer should check the deadline for each process and make clear what outcome is wanted. This might be a fresh assessment, reconsideration by a different decision-maker, correction of an error, or an explanation of how the policy was applied.

Look for common reasons a refusal may be challengeable

A decision may need closer examination if the authority:

• treated a kinship carer as though they were applying under the wrong type of arrangement;
• failed to consider the child’s assessed needs or the circumstances that led to the placement;
• relied on information that was out of date or factually incorrect;
• ignored relevant expenditure or changes in the household’s circumstances;
• applied a blanket rule where the policy requires individual consideration; or
• did not explain how its decision was reached.

It is also important to check whether the authority has assessed the child’s needs separately from the carer’s income. A household’s financial position may be relevant, but it should not necessarily be the only factor in a kinship support decision.

Ask for a proper reassessment when circumstances have changed

A refusal made before a child moves in may not reflect the position after the placement has begun. The child’s needs, school travel, medical appointments, supervision requirements or impact on the carer’s employment may become clearer over time. A significant change in household income, housing, health or caring responsibilities may also justify a new assessment under the applicable policy.

Keep a dated record of changes and notify the responsible team where the policy requires carers to report them. New information should be linked to the support being requested, rather than presented as a general statement that the household is under financial pressure.

Get specialist help with the wording and route

Kinship support organisations, Citizens Advice, a local law centre or a solicitor experienced in children’s social care can help identify the correct framework and assess whether the authority followed it. Where legal advice is needed, ask specifically about the type of order or placement involved and whether help with legal costs may be available. A welfare benefits adviser can separately check entitlement to benefits, tax credits or other support; a refused kinship payment does not by itself decide those claims.

Advice is particularly important where the child is subject to a care order, where a special guardianship or child arrangements application is being considered, where the placement may break down without assistance, or where the authority is proposing to end an existing payment.

Manage the immediate financial position carefully

Until the dispute is resolved, keep essential spending records and prioritise costs directly connected with the child’s safety, accommodation, clothing, food, education and travel. Ask the child’s social worker or kinship team whether practical help is available separately from a regular allowance. Some authorities or voluntary services may have access to equipment, support groups, advice or one-off assistance even where a particular payment has been refused.

Do not borrow money or agree to a permanent change in the child’s legal arrangement solely on the assumption that financial support will be granted later. Before making a decision about an order, placement or care arrangement, obtain advice on both the legal consequences and the financial position.

If the authority does not resolve the issue

Follow the authority’s final complaints stage if the initial response does not address the problem. After the council’s complaints process, the Local Government and Social Care Ombudsman may be able to investigate maladministration, although it will not normally act as an appeal body simply because it would have reached a different decision. Judicial review may be relevant in limited cases involving an unlawful process or failure to follow a legal duty, but it is a specialist remedy with strict time limits, so legal advice should be obtained promptly.

Keep copies of applications, assessments, decisions, correspondence, payment records and notes of relevant conversations. A clear chronology can help an adviser distinguish a disagreement about the amount from a failure to assess, an incorrect application of policy or a procedural error.