Ill child dispute ‘should never have reached court’

A dispute between two councils over an ill six-year-old’s care should never have reached the High Court, according to a report by social work inspectors.

The boy was born in Orkney with a heart condition. His parents were unable to look after him and he is now cared for by a couple in Cambridgeshire.

Orkney Islands Council stopped payments to the foster parents, leading to criticism from a High Court judge.

Scotland’s education secretary said aspects of the case were “regrettable”.

Orkney Islands Council initially offered the foster parents financial assistance, but then said that would be withdrawn and that Cambridgeshire County Council should take over.

At the High Court in London last year, a judge said the decision was a triumph for budgets but a catastrophe for carers.

The judge said the boy, who has serious heart problems, had been disowned by the state in its local authority form.

The Social Work Inspection Agency (SWIA) has now published its report into the case.

It found that the needs of the boy were being met through his “stable, secure placement with his carers”.

But it concluded that the dispute between the two councils over who should provide services to the child and his carers should never have been allowed to reach the High Court.

The report said the dispute developed into one centred on legal responsibilities, rather than the child’s best interests.

However, it said the dispute was not indicative of a systemic, widespread problem.

‘Reaching agreement’

Alexis Jay, chief inspector of social work, said: “Failure to agree about many aspects of the case has resulted in delays to some important decisions being made.

“This has directly impacted on the support to the child and his carers at various stages.

“This is important not just for the child but also for ensuring ongoing discussion and contact between the two councils in relation to the child, his birth parents and his wider family.”

Education Secretary Mike Russell said: “I am pleased that the report highlights that the child’s care needs are being met.

“I understand that both councils are now reaching agreement on the payment for the care being provided. I welcome this.

“There remain aspects of this case which are clearly regrettable and both councils will wish to consider the conclusions carefully.”

He added: “We cannot allow geographical barriers to stand in the way of ensuring the best possible care and support for children who need it.”