Special guardianship allowance calculator

Complaining: your council first, then the Ombudsman

Written and reviewed by Patricia Hughes · Last updated · last reviewed

Most problems are resolved by asking clear questions in writing and getting a proper answer. The complaints route is for when that has not worked.

Step 1: your council's own procedure

Councils have a formal complaints procedure, usually with two or three stages. Use it. The Ombudsman will normally expect you to have been through it before it looks at anything.

I went through my own council's procedure and got no further. Four months later I was told it was satisfied the allowance was correct, with the policy I had already read attached. Nothing changed for me.

Keep it factual and specific:

There is a template letter for this. Work out your figure and it appears at the end of your result, already filled in with your council, your area and your own numbers. Template: formal-complaint-stage-1

Step 2: the Ombudsman

In England, that is the Local Government and Social Care Ombudsman. Wales, Scotland and Northern Ireland each have their own.

Normally you should complain within 12 months of becoming aware of the problem, though the Ombudsman has discretion where there is a good reason for delay.

What it has ordered

Recalculations, refunds and backdating, in real special guardianship allowance cases rather than hypotheticals. I did not take mine to the Ombudsman, so what follows is its own published decisions and not my experience:

Recalculation and refunds for around 170 carers, plus remedy payments to the complainants, where a council deducted Child Benefit as a blanket rule, meaning the same rule applied to everyone without looking at individual cases, including carers on means-tested benefits.

LGSCO decision, Devon County Council (23 000 973, 25 January 2024) (checked 2026-08-31)

Backdating, where a council's fixed-percentage policy was found to be at fault.

LGSCO public report, North Tyneside Council (17 002 928, 27 February 2018) (checked 2026-09-01, shown from the web archive because the original address no longer responds)

A finding of fault where a council tapered a whole allowance to 75% and then 50%, misapplying the rule that concerns only the reward element.

LGSCO decision, Southend-on-Sea (19 003 363, 5 October 2020) (I am still sourcing a public link for this)

Before you start

Gather the paperwork: the written policy, any breakdown of your calculation, and your correspondence. A complaint with documents attached is a great deal harder to answer with a general reassurance.

What you can check, and what you have to ask for

You can read the rules of the route before you start down it. The time limit, the requirement to go through your council first, and what the Ombudsman has already ordered are all above.

Nobody can tell you in advance how your own complaint will be handled, and I cannot either, because I did not take mine past my council. What helps is keeping every letter and every date as you go.

Work out what your council should be paying you It takes under a minute, and nothing you type leaves your browser.

Common questions

How long do I have?

The Ombudsman normally expects a complaint within 12 months of you becoming aware of the problem, though it has discretion to look at older matters.

Will complaining damage my relationship with my social worker?

It is a reasonable worry. Most cases are resolved well before that stage by asking clear questions in writing. A complaint is what you use when those questions have not been answered.

What can the Ombudsman actually do?

It can find fault, order a council to recalculate and backdate payments, and require a payment to recognise the distress caused. It has done all three in special guardianship cases.

This is an estimate, not legal advice. Financial support for special guardians is discretionary, and there is no fixed amount you can require your council to pay. It shows you the figure your council should be starting from, and what the rules and the published decisions say about how it has to decide.

Your council can lawfully pay less than the maximum after properly assessing your circumstances. If something here matters to your case, talk to one of the advice lines below before you rely on it.

Where these figures and rules come from

  • LGSCO decision, Devon County Council (23 000 973, 25 January 2024) (checked 2026-08-31)
    The council was at fault for deducting Child Benefit from all special guardians on Universal Credit as a blanket rule, without looking at individual circumstances. It was ordered to recalculate and to refund deductions. Devon changed the policy with effect from 1 January 2024, and a later complaint about its current practice was not upheld.
  • LGSCO decision, Southend-on-Sea (19 003 363, 5 October 2020) (I am still sourcing a public link for this)
    Reducing the whole allowance to 75% of the core fostering allowance in year one and 50% in year two misapplied the two-year transitional provision, which concerns the reward element only. Backdating of about 6,948 pounds was recommended, and the council estimated 37 other families were affected.
  • LGSCO public report, North Tyneside Council (17 002 928, 27 February 2018) (checked 2026-09-01, shown from the web archive because the original address no longer responds)
    Calculating a special guardianship allowance as a percentage of the fostering allowance was contrary to statutory guidance and case law. The council identified 171 families who may not have received the right support, and payments were backdated to November 2013.
  • Special Guardianship Regulations 2005, reg 6 (checked 2026-08-29)

Who can help

These organisations give free, independent advice on kinship care and special guardianship. They are not part of your council.

  • Kinship: advice and peer support for kinship carers. kinship.org.uk
  • Family Rights Group: free advice line for families dealing with children's services. frg.org.uk
  • Citizens Advice: benefits, debt and general advice. citizensadvice.org.uk
  • Local Government and Social Care Ombudsman (England), if you have complained to your council and are not satisfied. lgo.org.uk