Councils criticised for putting legal wrangle ahead of boy's welfare

A DISPUTE between two councils over the care of a seriously ill six-year-old boy prioritised legal issues rather than the child's welfare, according to an investigation.

The case of the boy, identified only as "I", has been at the centre of a row between Orkney Islands Council (OIC) and Cambridgeshire County Council (CCC) over who should pay for his care.

The youngster, from Orkney, suffers from a rare heart condition. His parents were not able to look after him and in 2003 he was removed from their care under a child protection order and became the responsibility of OIC.

Mr and Mrs "O", who live in Cambridgeshire and were distantly related, later offered to become I's carers.

The boy moved to England in 2005 with OIC paying a fostering allowance but in March 2009 the council said it had no further obligation to pay and that all responsibility had passed to CCC.

The row reached the English High Court last year when the judge, Mr Justice Hedley, was strongly critical of the Orkney council's stance, saying it was a "triumph for its budget manager but a catastrophe for the carers".

The Os applied for a Special Guardianship Order, a legal provision available only in England and Wales, to allow I to remain with them permanently. But CCC refused to carry out an assessment on this, arguing that responsibility for preparing the assessment report lay with Orkney officials.

However, OIC denied all responsibility, saying I was no longer looked after by them.

An investigation into the dispute was carried out by Scotland's Social Work Inspection Agency (SWIA). Its report, published yesterday, says the wrangle should never have been allowed to reach the High Court.

The report says the councils' failure to agree on many aspects of the case resulted in delays to some important decisions which affected support for the child and his carers. But it concludes that the row is not indicative of a systemic, widespread problem and that many similar disputes are settled on the basis of "commonsense and co-operation by the councils involved".

Alexis Jays, chief inspector of social work, said: "While acknowledging the complexities of this case, this review has concluded that the dispute should never have got to the High Court and that events came to be dominated by legal process and interpretation, rather than the best interests of the child."

Michael Russell, the education and lifelong learning secretary, said aspects of the case were "regrettable"

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

I's rare condition means he has poor circulation and finds normal activities such as climbing stairs, difficult. It also affects his continence, as his bladder is only half the normal size of a child his age.

Gordon Jeyes, Cambridgeshire County Council's executive director of children's services, said: "Children's Services in Cambridgeshire have always sought to provide the most effective support for this child and his carers. This will continue and we are pleased that agreement has been reached regarding the funding."

A spokesman for OIC said: "Our priority remains the best interest of Child I and Orkney Islands Council has now agreed arrangements with Cambridgeshire County Council to continue to financially support this child and his carers."