Can kinship payments for grandparents be backdated?

Kinship payments for grandparents can sometimes be backdated, but the outcome depends on the legal arrangement, the local authority’s policy and the date on which the grandparent became entitled to support. Backdating is not an automatic right, so the council should confirm the effective date and any conditions in writing.

When backdated payments may be considered

A local authority may consider backdating where there has been a delay in approving a kinship foster placement, an administrative error, or a failure to explain the financial support available. It may also review the payment date where a grandparent was caring for the child under an arrangement that was later formally recognised.

For example, a grandparent may have taken care of a child at short notice while checks, assessments or approval were being completed. If the local authority considers that the placement should have attracted an allowance from an earlier date, it may agree to make an adjustment. This depends on the evidence and the council’s rules; caring for a grandchild before approval does not, by itself, guarantee payment for the earlier period.

The type of kinship arrangement matters

• Kinship fostering: If a grandparent is approved as a connected-person foster carer, the fostering allowance will normally be linked to the approved or temporarily approved placement and the council’s payment policy. Any earlier payment must be agreed by the local authority.
• Temporary approval: A relative may be temporarily approved while the full fostering assessment takes place. Ask the social worker to explain whether the local policy provides an allowance during this period and the date from which it applies.
• Special guardianship: A special guardianship allowance is separate from a fostering allowance. Its start date may be set by the local authority’s policy, the support plan or the special guardianship arrangements. It should not be assumed that it will cover the whole period before the order was made.
• Child arrangements or informal care: A private family arrangement does not usually create an entitlement to a fostering allowance. Other benefits or support may be relevant, but these are assessed under different rules.

These arrangements should not be treated as interchangeable. A grandparent who changes from fostering to a special guardianship order may have a different payment basis, assessment and review process. The relevant date may therefore change when the legal status of the placement changes.

What date could be used?

The council may look at several dates, including:

• the date the child came to live with the grandparent;
• the date the local authority placed the child with the grandparent;
• the date temporary or full fostering approval began;
• the date a special guardianship order was made;
• the date an application for financial support was submitted; and
• the date on which the council accepted that support should have been offered.

The applicable date is not necessarily the date on which the grandparent first asked about payments. Ask the council to identify the rule it has applied and to explain why it has selected a particular start date.

Evidence that may support a request

A backdating request is stronger when it is supported by a clear timeline and relevant documents. Useful evidence may include the child’s placement records, letters or emails from social services, approval or assessment documents, court orders, the date the child moved in, and records showing when the grandparent asked about financial support.

Keep a note of conversations with the social worker, supervising social worker and finance team. If the council gave information that suggested an allowance would be paid, include that communication when asking for the decision to be reviewed. Evidence of the costs of caring for the child may help explain the circumstances, although costs alone do not establish an entitlement to backdated fostering payments.

How to request a decision

• Ask the child’s social worker or the local authority’s fostering or kinship team which payment scheme applies.
• Request the relevant written policy and the proposed payment start date.
• Set out the key dates, the legal status of the placement and why an earlier date should be considered.
• Ask for a written decision explaining the reasons for accepting or refusing backdating.
• If the request is refused, use the council’s review or complaints procedure and check whether there is a deadline for doing so.

A written decision is important because an informal conversation may not confirm whether the issue has been assessed under fostering, special guardianship or another support scheme. If the dispute concerns a court order, a significant payment or a lengthy period of care, independent legal advice may also be appropriate.

Backdated payments may affect other means-tested support and could be treated differently depending on the scheme. Before accepting a lump-sum payment or agreeing a revised arrangement, ask how it will be recorded and whether it needs to be reported to another agency. The council should also explain whether any payment will be reduced because of household income, benefits, other allowances or a financial assessment.

If you are considering becoming a kinship foster carer, ask about the payment policy before approval and keep copies of all documents. A fostering service can explain the assessment process, training and ongoing support, while the responsible local authority must confirm the payment decision for the individual placement.