Ombudsman upholds complaint as council pays £1,000 to girl for her distress and £1,000 to kinship carers.
The girl, who was born in the UK, was considered for deportation to the country where her surviving relatives lived, despite being looked after by family friends who had applied to the council for help and financial support as foster parents.
This article titled “Birmingham council considered deporting 11-year-old after her mother died” was written by Amy Walker, for theguardian.com on Thursday 10th December 2020 12.30 UTCAn ombudsman has upheld a complaint against Birmingham city council after it considered deporting an 11-year-old girl following the death of her mother.
The girl, who was born in the UK, was considered for deportation to the country where her surviving relatives lived, despite being looked after by family friends who had applied to the council for help and financial support as foster parents.
After the child’s mother died from a terminal illness, the council refused an application made by the woman caring for the child for allowances and the support of a social worker, saying it was a “private arrangement”.
The local government and social care ombudsman found in the woman’s favour following an appeal against the decision, saying the council had been at fault for not granting the application, causing “injustice” to the child.
It also found that by not recognising the family friends as official foster carers, the girl missed out on additional support and legal protection given to looked-after children, including legal advice and representation to ensure she could stay in the UK.
Though the girl was born in the UK, she was not a British citizen and had leave to remain in the country until December 2018. Her father, whom she had not seen since she was a baby, had been refused permission to enter the UK and had declined to care for the girl when asked by her terminally ill mother.
In its report, the ombudsman said: “As a result of the council’s actions, [the girl] spent over two years in a placement that was legally insecure. She was not recognised as a ‘looked after’ child and therefore missed out on the additional support and protections that come with this.
“She lost contact with her only remaining relatives and was at risk of being deported due to her fragile immigration status. She lost significant sums from the trust fund provided by her mother.
“Despite her vulnerabilities and the significant upheaval in her life following her mother’s death, her needs remained unassessed and potentially unmet.”
Birmingham city council has agreed to pay the girl £1,000 for the uncertainty and distress caused by not acting sooner to secure her legal status after the ombudsman’s ruling.
It has also agreed to pay the family friends £1,000 alongside the allowances they would have received as “family and friends” carers. A payment will also be made into the girl’s trust fund to cover the cost of her citizenship application.
A spokesman for Birmingham Children’s Trust, which is in charge of caring for looked-after children for the council, said it accepted the ombudsman’s findings and apologised to both the complainant and the girl.
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