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135 <div class="panel-body">
136 <h1>
136 Applications for Special Guardianship Orders
136 </h1>
141 <div class="well">
142 <p class="bold">
142 RELATED CHAPTER
142 </p>
143 <p>
143 This chapter should be read in conjunction with
143 <a href="files/permanence_policy.pdf" target="_blank" rel="noopener">
143 Securing Permanence Procedure
143 </a>
143 .
143 </p>
144 <p class="bold">
144 RELATED NATIONAL GUIDANCE
144 </p>
145 <p>
145 <a href="https://www.gov.uk/government/publications/special-guardianship-guidance"
target="_blank" rel="noopener">
145 DfE, Special Guardianship Guidance
145 </a>
145 </p>
146 <p>
146 <a href="https://www.gov.uk/guidance/adoption-support-fund-asf" title="adopt_supp_link1"
target="_blank" rel="noopener">
146 Adoption Support Fund
146 </a>
146 </p>
147 <p>
147 <a href="https://www.lgo.org.uk/information-centre/reports/focus-reports" target="_blank"
rel="noopener">
147 Firm Foundations: Complaints about Council Support and Advice for Special Guardians (Local
Government and Social Care Ombudsman)
147 </a>
147 </p>
148 <p>
148 <a
href="https://www.gov.uk/government/publications/designated-teacher-for-looked-after-childre
n" target="_blank" rel="noopener">
148 The Designated Teacher for Looked After and Previously Looked After Children: Statutory
Guidance on their Roles and Responsibilities
148 </a>
148 </p>
149 <p class="bold">
149 LOCAL GUIDANCE AND INFORMATION
149 </p>
150 <p>
150 
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152 What is a Special Guardianship Order? (Children Act 1989, Section 14) - Information for
Those Considering Special Guardianship in Warrington
152 </a>
152 </p>
153 <p>
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155 Special Guardianship Policy Flowchart
155 </a>
155 </p>
156 <p>
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158 Special Guardianship Support Services Guidance
158 </a>
158 </p>
159 <p class="bold">
159 AMENDMENT
159 </p>
160 <p>
160 <a href="#assesment_support">
160 Section 11, Assessment for Support and Special Guardianship Plan
160 </a>
160 was updated in April 2020 to reflect processes in place for assessing and approving support
for Special Guardians.
160 </p>
161 New local information and information and guidance was added (see above).
161 </div>
168 <div class="section">
169 <h2 id="introduction">
169 1. Introduction
169 </h2>
170 <p>
170 Special Guardianship offers an option for children needing permanent care outside their
birth family. It can offer greater security without absolute severance from the birth family
as in adoption.
170 </p>
171 <p>
171 It can meet the needs of a significant group of children, mainly older, who need a sense of
stability and security but who do not wish to make the absolute legal break with their birth
family that is associated with adoption.
171 </p>
172 <p>
172 It also provides an alternative for achieving permanence in families where adoption, for
cultural or religious reasons, is not an option.
172 </p>
173 <p>
173 A Special Guardianship Order offers greater stability and legal security to a placement than
a Child Arrangements Order.
173 </p>
174 <p>
174 Children subject to a Special Guardianship Order are eligible as previously Children in Care
for additional support with their education (Sections 20(4) and 20A(4) of the Children and
Young Persons Act 2008). For further information, please see the
174 <a href="p_educ_lac.html">
174 Education of Looked After and Previously Looked After Children Procedure
174 </a>
174 .
174 </p>
175 <p>
175 Special Guardians have Parental Responsibility for the child and, whilst this is shared with
the child's parents, the Special Guardian has the ability to exercise this responsibility
without seeking permission from the parents (please refer to
175 <a href="#paren_resp">
175 Section 3, Parental Responsibility
175 </a>
175 ).
175 </p>
176 <p>
176 A Special Guardianship Order made with respect to a child who is the subject of a Care Order
or for an order for contact to a child in care discharges those orders.
176 </p>
177 <p>
177 A Care Order, however, does not automatically revoke a Special Guardianship Order although
the Special Guardian's exercise of Parental Responsibility is restricted as the local
authority has primary responsibility for decision-making under the Care Order.
177 </p>
178 <p>
178 For further details about Special Guardianship as a permanence option for Children in Care,
see
178 <a href="files/permanence_policy.pdf" target="_blank" rel="noopener">
178 Securing Permanence Procedure
178 </a>
178 .
178 </p>
179 <p>
179 People thinking about becoming special guardians will be provided with clear, user-friendly
information to help them make informed choices. This should include information on support
available and how this is reviewed.
179 </p>
180 <p>
180 For more information, please see '
180 <a class="modalButton" data-toggle="modal"
data-src="https://proceduresonline.com/trixcms1/warringtoncs/doc-library#collapse5_3"
href="#" data-target="#myModal">
182 What is a Special Guardianship Order? (Children Act 1989, Section 14) - Information for
Those Considering Special Guardianship in Warrington
182 </a>
182 '.
182 </p>
183 </div>
184 <div class="section1">
184 </div>
190 <div class="section">
191 <h2 id="who_apply">
191 2. Who may Apply?
191 </h2>
192 <p>
192 Applications for Special Guardianship may be individual or joint. Joint applicants do not
need to be married. Special Guardians must be 18 or over and must not be a parent of the
child in question.
192 </p>
193 Subject to giving notice to the relevant local authority, the following people are entitled to
apply for a Special Guardianship Order without needing to first seek the leave of the court:
194 <ul>
195 <li>
195 Any guardian of the child;
195 </li>
196 <li>
196 Any person who is named in a child arrangements order as a person with whom the child is
to live;
196 </li>
197 <li>
197 Any person who has the consent of each person named in a child arrangements order as a
person with whom the child is to live;
197 </li>
198 <li>
198 Anyone with whom the child has lived for a period of at least 3 years (which need not be
continuous, but must not have begun more than 5 years before, or ended more than 3 months
before, the making of the application);
198 </li>
199 <li>
199 A relative with whom the child has lived for a period of at least 1 year immediately
preceding the application;
199 </li>
200 <li>
200 Where the child is in the care of a local authority, any person who has the consent of the
local authority;
200 </li>
201 <li>
201 Any person who has the consent of all those with parental responsibility for the child;
201 </li>
202 <li>
202 Any other person, aged 18 or over (other than a parent) may apply for a Special
Guardianship Order if he or she has the leave of the court to make the application.
202 </li>
203 </ul>
204 </div>
205 <div class="section1">
205 </div>
211 <div class="section">
212 <h2 id="paren_resp">
212 3. Parental Responsibility
212 </h2>
213 <p>
213 The Special Guardian will have Parental Responsibility for the child and, subject to any
other order in force, will have clear responsibility for the day-to-day decisions about
caring for the child to the exclusion of anyone else who might have Parental Responsibility
(apart from another Special Guardian).
213 </p>
214 <p>
214 The child's parents will continue to hold Parental Responsibility but their exercise of it
will be limited. The parents will, however, retain the right to consent or not to the
child's adoption or placement for adoption. The Special Guardian must also take reasonable
steps to inform the parents if the child dies (see
214 <a href="#special_guard">
214 Section 15, Special Guardian Duty on the Death of the Child
214 </a>
214 ).
214 </p>
215 <p>
215 In addition there are certain steps in a child's life which require the consent of everyone
with Parental Responsibility or the leave of the court, for example:
215 </p>
216 <ul>
217 <li>
217 Causing the child to be known by a different surname; or
217 </li>
218 <li>
218 Removing the child from the United Kingdom for longer than 3 months.
218 </li>
219 </ul>
220 <p>
220 The court may, at the time of making the Special Guardianship Order, give leave for the
child to be known by a new surname and/or to be removed from the United Kingdom for longer
than 3 months, either generally or for specified purposes.
220 </p>
221 <p>
221 For the avoidance of doubt, a child is any child or young person under the age of 18 years.
221 </p>
222 </div>
223 <div class="section1">
223 </div>
229 <div class="section">
230 <h2 id="circumstances">
230 4. The Circumstances in which a Special Guardianship Order may be Made
230 </h2>
231 <p>
231 The Court may make a Special Guardianship Order in any family proceedings concerning the
welfare of the child. This applies even where no application has been made and includes
adoption proceedings.
231 </p>
232 <p>
232 Any person making an application for a Special Guardianship Order must give 3 months'
written notice to their local authority of their intention to apply. In relation to a Looked
After Child, the notice will go to the local authority looking after the child. In all other
cases, the notice will be sent to the local authority for the area where the applicant
resides. The local authority receiving the notice will then have a duty to provide a report
to the Court.
232 </p>
233 <p>
233 The only exception to the requirement for 3 months' notice is where the Court has granted
leave to make an application and waived the notice period.
233 </p>
234 <p>
234 Where the local authority has received notice from an applicant or a request for a report
from the Court, it should send written information about the steps it proposes to take in
preparing the report to the prospective Special Guardian and the parents of the child in
question. This should include information about Special Guardianship support services and
how to request an assessment of needs for support. Please see:
234 <a class="modalButton" data-toggle="modal"
data-src="https://proceduresonline.com/trixcms1/warringtoncs/doc-library#collapse5_3"
href="#" data-target="#myModal">
236 What is a Special Guardianship Order? (Children Act 1989, Section 14) - Information for
Those Considering Special Guardianship in Warrington
236 </a>
236 .
236 </p>
237 </div>
238 <div class="section1">
238 </div>
244 <div class="section">
245 <h2 id="planning_meet">
245 5. Planning Meeting
245 </h2>
246 <p>
246 Once notice has been received that an application for Special Guardianship is to be made,
the notice should be passed to the allocated social worker or, if the child is not
previously known, arrangements must be made for the case to be allocated to a social worker.
246 </p>
247 <p>
247 The allocated social worker should arrange a planning meeting as soon as practicable (within
at least 28 days) after the notice is received. The planning meeting should clarify the
steps to be taken, who will carry out the necessary assessments and who will contribute to
the report for the Court. Court timescales will need to be clarified.
247 </p>
248 <p>
248 The social worker or social workers preparing the Court report should be suitably qualified
and experienced. There are no specific requirements as to the level of qualification or
experience required and it will be for the manager of the relevant social work team to
ensure that the allocated worker is competent to write the report.
248 </p>
249 <p>
249 In all cases there will need to be:
249 </p>
250 <ul>
251 <li>
251 An assessment of the current and likely future needs of the child (including any harm the
child has suffered and any risk of future harm posed by the child's parents, relatives or
any other person the local authority considers relevant);
251 </li>
252 <li>
252 An assessment of the prospective Special Guardian's parenting capacity including:
253 <ol style="list-style-type:lower-roman">
254 <li>
254 Their understanding of, and ability to meet, the child's current and likely future
needs, particularly any needs the child may have arising from harm that the child has
suffered;
254 </li>
255 <li>
255 Their understanding of, and ability to protect the child from any current or future
risk of harm posed by the child's parents, relatives or any other person the local
authority consider relevant, particularly in relation to contact between any such
person and the child;
255 </li>
256 <li>
256 Their ability and suitability to bring up the child until the child reaches the age of
eighteen.
256 </li>
257 </ol>
258 </li>
259 <li>
259 An assessment of the proposed contact arrangements and the support needs (see
259 <a href="#assesment_support">
259 Section 11, Assessment for Support and Special Guardianship Plan
259 </a>
259 ) of the child, parents and the prospective special guardian.
259 </li>
260 </ul>
261 <p>
261 The assessment of the applicants should include their medical history, the references
received and the Disclosure and Barring Service and other statutory checks undertaken for
the assessment.
261 </p>
262 <p>
262 Good practice would suggest that the court report should be completed within 2 months of the
notice being received that an application is to be made. If Special Guardianship is
supported by the local authority, a Support Assessment / Support Plan should be completed 1
month prior to the court hearing.
262 </p>
263 </div>
264 <div class="section1">
264 </div>
270 <div class="section">
271 <h2 id="approval_spec">
271 6. Approval of Special Guardianship for Children in Care
271 </h2>
272 <p>
272 If the child is looked after or subject to pre-proceedings and the application has been
agreed as part of the child's permanence plan, the assessments will usually have been
undertaken and the outcomes agreed as part of the permanence planning for the child, in
which case there will be no need to hold a planning meeting.
272 </p>
273 <p>
273 Special Guardianship as an outcome for a Looked After child must be approved by a Head of
Service.
273 </p>
274 </div>
275 <div class="section1">
275 </div>
281 <div class="section">
282 <h2 id="report_court">
282 7. Report to the Court
282 </h2>
283 <p>
283 The social worker or social workers preparing the Court report should be suitably qualified
and experienced.
283 </p>
284 <p>
284 Once completed, the Court Report should be submitted by the author(s) to their line
manager(s) for approval.
284 </p>
285 <p>
285 See
285 <a href="g_court_rept.html">
285 Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance
285 </a>
285 for what is required to be included in the report.
285 </p>
286 <p>
286 The court is unable to make a Special Guardianship Order unless and until it has received a
Special Guardianship Report; however, where the bulk of the information required is already
before the court in another format, the local authority is not required to start from
scratch. Instead, the local authority should be directed to file a report, which will fulfil
the requirements by providing any missing information and by setting out the remaining
information in the form of cross-references to the information already before the court in
other reports.
286 </p>
287 </div>
288 <div class="section1">
288 </div>
294 <div class="section">
295 <h2 id="discharge_spec">
295 8. Variation and Discharge of Special Guardianship Order
295 </h2>
296 <p>
296 A Special Guardianship Order can be varied or discharged on the application of:
296 </p>
297 <ul>
298 <li>
298 The Special Guardian (or any of them, if there are more than one);
298 </li>
299 <li>
299 The local authority in whose name a Care Order was in force before the Special
Guardianship Order was made;
299 </li>
300 <li>
300 Any person who is named in a Child Arrangements Order as a person with whom the child is
to live;
300 </li>
301 <li>
301 With the leave of the court:
302 <ul>
303 <li>
303 Any parent or guardian of the child;
303 </li>
304 <li>
304 Any step-parent who has Parental Responsibility;
304 </li>
305 <li>
305 Anyone who had (but no longer has) Parental Responsibility immediately before the
Special Guardianship Order was made;
305 </li>
306 <li>
306 The child (if the court is satisfied that the child has sufficient understanding to
make the proposed application).
306 </li>
307 </ul>
308 </li>
309 </ul>
310 <p>
310 Where the applicant is not the child and the leave of the court is required, the court may
only grant leave if there has been a significant change in circumstances since the Special
Guardianship Order was made.
310 </p>
311 <p>
311 The court may during any family proceedings in which a question arises about the welfare of
a child who is subject to a Special Guardianship Order, vary or discharge the Order in the
absence of an application.
311 </p>
312 </div>
313 <div class="section1">
313 </div>
319 <div class="section">
320 <h2 id="spec_guard_support">
320 9. Special Guardianship Support Services (Warrington)
320 </h2>
321 <p>
321 The local authority must make arrangements for the provision for a range of support services
in their area to meet the needs of people affected by Special Guardianship.
321 </p>
322 <p>
322 Special Guardianship support services are defined as:
322 </p>
323 <ul>
324 <li>
324 Financial support (see
324 <a href="#financial_support">
324 Section 13, Financial Support
324 </a>
324 );
324 </li>
325 <li>
325 Services to enable groups of children for whom a Special Guardianship Order is in force
(or in respect of whom such an Order is being formally considered), special guardians,
prospective special guardians, and parents of the child to discuss matters relating to
special guardianship;
325 </li>
326 <li>
326 Assistance, including mediation services, in relation to contact between the child and
their parents or relatives or any other person with whom the child has a relationship that
the local authority considers to be beneficial to the welfare of the child;
326 </li>
327 <li>
327 Therapeutic services for the child;
327 </li>
328 <li>
328 Assistance for the purpose of ensuring the continuance of the relationship between the
child and his/her special guardian or prospective special guardian, including training for
the special guardian or prospective special guardian to meet any special needs of the
child; respite care; and mediation in relation to matters relating to Special Guardianship
Orders and;
328 </li>
329 <li>
329 Counselling, advice and information.
329 </li>
330 </ul>
331 <p>
331 Where the support provided includes respite care requiring the provision of accommodation,
the child must be Looked After for the duration of the period of respite care to ensure that
appropriate safeguards are in place.
331 </p>
332 <p>
332 Special Guardianship Support will be subject to the approval of a Head of Service.
332 </p>
333 <p>
333 The provision of any services (other than counselling, advice and information) may include
cash assistance. When cash is provided in this way it should not be means tested as it is
being given as part of a service rather than as financial support. Any payment should be
based on an assessment of need and subject to the approval of the Head of Service.
333 </p>
334 <p>
334 Support services should not be seen in isolation from mainstream services and it is
important to ensure that families are assisted in accessing mainstream services and are
aware of their entitlements to tax credits and social security benefits.
334 </p>
335 <p>
335 Where the child was previously Looked After, responsibility for the assessment and provision
of services for the child, the Special Guardian and any children of the Special Guardian all
remain the responsibility of the local authority where the child was last looked after for 3
years after the making of a Special Guardianship Order. Thereafter the local authority where
the Special Guardian lives will be responsible for assessing and providing support services.
335 </p>
336 <p>
336 Special Guardians who remain in the Warrington Borough Council area will be entitled to
support and guidance from our Families First service up until the child is 18 years of age.
This service will need to be requested.
336 </p>
337 <p>
337 If a child is not Looked After, the local authority where the Special Guardian lives has the
responsibility for assessing and providing support services. This includes assessment and
any support that is needed by the child's relatives who may live elsewhere. If the special
guardian and his/her family move, then the responsibility passes to the new local authority.
The local authority where the special guardian previously lived should cooperate as needed
to ensure a smooth transition for the child.
337 </p>
338 <p>
338 Ongoing financial support (i.e. that paid on a regular basis), which was agreed before the
Special Guardianship Order was made, remains the responsibility of the local authority that
agreed it so long as the family qualify for payments.
338 </p>
339 <p>
339 Local authorities may also provide services to people outside their area in other
circumstances where the authority considers it appropriate. For example, transitional
arrangements by the originating authority where a family move to allow time for the new
authority to review the family's existing plan without a break in service provision.
339 </p>
340 In addition to the support provided by local authorities, the Adoption Support Fund in England
also covers therapeutic support for children, living in England, who were previously in care
immediately before the making of a Special Guardianship Order.
341 <p>
341 Based on the assessment of needs, local authorities can apply for funding from the
341 <a href="https://www.gov.uk/guidance/adoption-support-fund-asf" title="adopt_supp_link2"
target="_blank" rel="noopener">
341 Adoption Support Fund
341 </a>
341 .
341 </p>
342 <p>
342 See also:
342 <a class="modalButton" data-toggle="modal"
data-src="https://proceduresonline.com/trixcms1/warringtoncs/doc-library#collapse5_3"
href="#" data-target="#myModal">
344 Special Guardianship Support Services Guidance
344 </a>
344 .
344 </p>
345 </div>
346 <div class="section1">
346 </div>
352 <div class="section">
353 <h2 id="entitle_assessment">
353 10. Entitlement to Assessment for Special Guardianship Support
353 </h2>
354 <p>
354 Where the child is Looked After or was Looked After immediately prior to the making of the
Special Guardianship Order, the following people MUST receive an assessment at their
request:
354 </p>
355 <ul>
356 <li>
356 The child;
356 </li>
357 <li>
357 The Special Guardian or prospective Special Guardian;
357 </li>
358 <li>
358 A parent.
358 </li>
359 </ul>
360 <p>
360 Where the child is not Looked After or was not Looked After immediately prior to the making
of the Special Guardianship Order, the following people MAY be offered an assessment of
their need for Special Guardianship support services:
360 </p>
361 <ul>
362 <li>
362 The child;
362 </li>
363 <li>
363 The Special Guardian or prospective Special Guardian;
363 </li>
364 <li>
364 A parent.
364 </li>
365 </ul>
366 <p>
366 In all cases, whether the Special Guardianship child is looked after or not, the following
people also MAY be offered an assessment of their need for Special Guardianship support
services:
366 </p>
367 <ul>
368 <li>
368 A child of the Special Guardian;
368 </li>
369 <li>
369 Any person with a significant ongoing relationship with the child.
369 </li>
370 </ul>
371 <p>
371 If a local authority decides not to assess in cases where they have discretion as above,
legal advice should be sought in the first instance. The local authority must notify the
decision in writing, including reasons for the decision, to the person making the request.
The person who requested the assessment must be allowed at least 28 days to make
representations in relation to the decision.
371 </p>
372 It will not always be necessary to undertake an assessment before providing information,
advice or counselling services. However, if the local authority is considering providing any
of the support services (see listing above) then a full assessment should be carried
out. However where a request relates to a particular service or where it is clear that a
particular service is what is required, then the assessment process can be limited to looking
at the need for that service.
372 </div>
373 <div class="section1">
373 </div>
379 <div class="section">
380 <h2 id="assesment_support">
380 11. Assessment for Support and Special Guardianship Plan
380 </h2>
381 <p>
381 The assessment should be based on the Assessment Framework and include the following:
381 </p>
382 <ul>
383 <li>
383 The developmental needs of the child;
383 </li>
384 <li>
384 The child's educational needs;
384 </li>
385 <li>
385 The parenting capacity of the Special Guardian or prospective Special Guardian;
385 </li>
386 <li>
386 Family and environmental factors that have shaped the life of the child;
386 </li>
387 <li>
387 What the life of the child might be like with the proposed Special Guardian;
387 </li>
388 <li>
388 Any previous assessments undertaken in respect of the child, the Special Guardian or the
prospective Special Guardian;
388 </li>
389 <li>
389 The needs of the Special Guardian or prospective Special Guardian and their family;
389 </li>
390 <li>
390 The likely impact of the Special Guardianship Order on any pre-existing relationship
between the child, parent and Special Guardian.
390 </li>
391 </ul>
392 <p>
392 Assessments for special guardianship support services should follow the guidance set out in,
and use the domains of, the Assessment Framework, recognising that the context is different
from that for birth families. This takes into account the child's developmental needs, the
parenting capacity of the special guardian and consideration of the family and environmental
factors that together help to explain the child's life so far and what life might be like
with the new family
392 </p>
393 <p>
393 Consultation with the relevant Clinical Commissioning Group and Local Education Authority
should form part of the assessment process (particularly if the child has an ECHP or
requires continuing health care), and the person whose needs are being assessed should be
interviewed unless the assessment relates only to information and advice or unless it is not
appropriate to interview a child. In this case the child's actual or prospective special
guardian may be interviewed.
393 </p>
394 <p>
394 The assessment process should be flexible and should not delay provision of appropriate
services.
394 </p>
395 <p>
395 After the assessment has been undertaken the local authority is required to prepare a
written report of the assessment. This will include a support plan.
395 </p>
396 <p>
396 The Plan should be written in such a way that everyone affected can understand and set out:
396 </p>
397 <ol>
398 <li>
398 The services to be provided;
398 </li>
399 <li>
399 The objectives and criteria for success;
399 </li>
400 <li>
400 Timescales for provision;
400 </li>
401 <li>
401 Procedures for review;
401 </li>
402 <li>
402 A named person to monitor the provision of services in accordance with the Plan.
402 </li>
403 </ol>
404 <p>
404 Special Guardianship Support will be subject to the approval of the Head of Service.
404 </p>
405 <p>
405 Once the necessary approval has been obtained, the social worker must send the proposed
Assessment and Plan to the person requesting support, and allow 28 days for that person to
make representations about the proposed plan. The social worker should also give information
to the person concerned about who to contact to obtain independent advice and advocacy.
405 </p>
406 <p>
406 Where representations are received, they should be referred to the Head of Service to decide
whether to amend or confirm the Assessment for Support and Plan.
406 </p>
407 <p>
407 The allocated social worker must then write to the person concerned setting out the final
Assessment for Support and Plan. A final notice of the authority's decision must then be
given to include the following:
407 </p>
408 <ol>
409 <li>
409 Information about the outcome of assessment and reasons for it;
409 </li>
410 <li>
410 Details of the plan and the name of the person nominated to monitor the provision of
services;
410 </li>
411 <li>
411 The services (if any) that the local authority proposes to provide to help meet the
child’s needs;
411 </li>
412 <li>
412 Where financial support is to be provided:
413 <ol style="list-style:lower-alpha">
414 <li>
414 The method of determination of the amount of financial support;
414 </li>
415 <li>
415 The amount, frequency, start date and period of any payment in instalments;
415 </li>
416 <li>
416 When any single payment is to be made;
416 </li>
417 <li>
417 Details of any conditions and the date by which those conditions are to be met;
417 </li>
418 <li>
418 The arrangements and procedure for review, variation and termination of financial
support;
418 </li>
419 <li>
419 The responsibility of the authority in relation to reviews and of the Special Guardian
in respect of any conditions.
419 </li>
420 </ol>
421 </li>
422 </ol>
423 <p>
423 As a previously looked after child, the child subject to a Special Guardianship Order will
be entitled to additional education support. This will be accessed through the designated
teacher in the child's school. For further information, please see:
423 <a href="p_educ_lac.html">
423 Education of Looked After and Previously Looked After Children Procedure
423 </a>
423 .
423 </p>
424 </div>
425 <div class="section1">
425 </div>
431 <div class="section">
432 <h2 id="rev_spec_guard">
432 12. Review of Special Guardianship Support Plan
432 </h2>
433 <p>
433 Special Guardianship Support Services (other than financial support payable periodically)
must be reviewed:
433 </p>
434 <ul>
435 <li>
435 If there is any change of circumstances affecting the support;
435 </li>
436 <li>
436 At such stage of the implementation of the plan as is considered most appropriate;
436 </li>
437 <li>
437 In any event at least annually.
437 </li>
438 </ul>
439 <p>
439 Where services are being reviewed the same procedure for assessment must be followed as in a
first assessment.
439 </p>
440 <p>
440 If a local authority proposes to vary or terminate the provision of special guardianship
support services to any person, before making any decision as a result of the review, it
must give the person an opportunity to make representations and for that purpose it must
give notice of the proposed decision and the time allowed for making representations. This
notice must contain the same information as the notification of the outcome of a first
assessment including a draft of the revised plan.
440 </p>
441 <p>
441 Any change to the Special Guardianship Support Plan will be subject to the approval of the
Head of Service. Local arrangements will determine whether any additional approval is
required for changes to financial support.
441 </p>
442 <p>
442 If the local authority decides to vary or terminate the provision of support after the
review, notice in writing must be given.
442 </p>
443 <p>
443 The format and content of the review will vary depending on the circumstances of the case.
Notification of changes of circumstances and any review of the provision of support services
need not always necessitate direct contact between the local authority and the special
guardian. Where the change of circumstances is relatively minor the review might be limited
to an exchange of correspondence. In particular, the annual review of financial support
might be achieved by exchange of correspondence between the local authority and the special
guardian. Where the change of circumstances is relevant only to one service the review may
be carried out with reference only to that service. However, where the change of
circumstances is substantial, for example, a serious change in the behaviour of the child,
it will normally be appropriate to conduct a new assessment of needs.
443 </p>
444 </div>
445 <div class="section1">
445 </div>
451 <div class="section">
452 <h2 id="financial_support">
452 13. Financial Support
452 </h2>
453 <p>
453 Government guidance says that special guardianship arrangements should not fail just because
of financial problems. Financial support should be paid to help secure a suitable
arrangement where this is not possible because of a financial obstacle.
453 </p>
454 <p>
454 Each case must be assessed on its own facts. It would not be lawful, for example, to pay a
flat rate to all Special Guardians, or a fixed percentage of fostering allowance.
454 </p>
455 <p>
455 The local authority must take account of any other grant, benefit, allowance or resource
available to the person in respect of his needs as a result of becoming a Special Guardian
of a child. Financial support cannot duplicate any other payment available to the Special
Guardian.
455 </p>
456 <p>
456 Special Guardians must be helped to access any benefits to which they are entitled; this
will usually include child benefit and tax credits.
456 </p>
457 <p>
457 The Special Guardian's means will normally be considered when ongoing financial support is
being considered. They should therefore be asked to complete a Financial Assessment Form,
which, when completed, should be passed to the Finance Officer responsible for carrying out
means assessments.
457 </p>
458 <p>
458 Once the means assessment has been carried out, the Finance Officer should send written
notification of the outcome to the relevant social worker, who must present this to the Head
of Service for approval.
458 </p>
459 <p>
459 The social worker should then write to the Special Guardian setting out the amount of
financial support agreed by the Head of Service and information in relation to the
following:
459 </p>
460 <ul>
461 <li>
461 Whether financial support is to be paid in regular installments and if so, the frequency
of payment;
461 </li>
462 <li>
462 The amount of financial support;
462 </li>
463 <li>
463 The period for which the financial support is to be paid;
463 </li>
464 <li>
464 When payment will commence;
464 </li>
465 <li>
465 Conditions for continuing payment and date by which conditions are to be met, i.e.
returning Review Forms;
465 </li>
466 <li>
466 Arrangements and procedure for review and termination.
466 </li>
467 </ul>
468 <p>
468 A copy of this letter should be sent to the Finance Officer.
468 </p>
469 <p>
469 Means may be disregarded in relation to:
469 </p>
470 <ul>
471 <li>
471 The initial costs of accommodating a child who has been Looked After;
471 </li>
472 <li>
472 Recurring travel costs in contact arrangements;
472 </li>
473 <li>
473 Any special care requiring greater expenditure due to illness, disability, emotional or
behavioural difficulties or the consequences of the past abuse or neglect of a child
previously looked after;
473 </li>
474 <li>
474 Remuneration for former foster carers.
474 </li>
475 </ul>
476 <p>
476 Where the Special Guardians were previously the child's foster carers, the local authority
can maintain the fostering allowance for a transitional period of 2 years but with
discretion to extend if necessary.
476 </p>
477 <p>
477 The only circumstance when the local authority MUST disregard means is when providing
financial support in respect of legal costs, including fees payable to a court in respect of
a child who is Looked After where the local authority support the making of the Special
Guardianship Order or an application is made to vary or discharge a Special Guardianship
Order in respect of that child.
477 </p>
478 <p>
478 Local authorities are not expected to meet the legal costs of a Special Guardianship Order
where they oppose an application in respect of a child they previously looked after or in a
non-looked after case. Local authorities may wish to advise prospective special guardians in
these circumstances that they may be able to obtain help with legal costs from the Legal Aid
Agency.
478 </p>
479 <h3>
479 Review of Financial Support Paid Periodically
479 </h3>
480 <p>
480 Where financial support is paid periodically the local authority must review this:
480 </p>
481 <ul>
482 <li>
482 On receipt of the annual statement received from the special guardian;
482 </li>
483 <li>
483 If there is any relevant change of circumstances that the special guardian agreed to
notify, or any breach of a condition comes to the local authority's notice;
483 </li>
484 <li>
484 At any (other) stage in the implementation of the plan that the local authority considers
appropriate.
484 </li>
485 </ul>
486 <p>
486 The procedure for assessment set out for first assessment for financial support (see above)
applies equally to a review of financial support. If the local authority proposes, as a
result of the review, to reduce or terminate financial support or revise the plan, before
making that decision the local authority must give the person an opportunity to make
representations. For that purpose it must give the person notice of the proposed decision
and the time allowed for making representations, but the local authority may suspend
financial support pending that decision if they think it appropriate.
486 </p>
487 <p>
487 The notice must contain the same information as the notification of the outcome of the first
assessment.
487 </p>
488 <p>
488 The local authority must, having regard to the review, and after considering any
representations received within the period specified in the notice, then decide whether to
vary or terminate payment of the financial support or whether to seek to recover all or part
of any financial support that has been paid; and where appropriate, revise the plan.
488 </p>
489 The local authority must give the person notice of their decision including the reasons for it
and, if applicable, the revised plan.
490 <p>
490 Where Special Guardians are in receipt of financial support, the social worker responsible
for monitoring the Special Guardianship Support Plan will write annually to them with a
Financial Assessment Review Form to be completed, together with a request for information
about any change in circumstances for the Special Guardian or the child.
490 </p>
491 <p>
491 The Assessment Form should be forwarded to the Finance Officer for consideration. If any
change in financial support is considered appropriate, the recommended change should be
forwarded to the Head of Service for a decision.
491 </p>
492 <p>
492 Where Special Guardians do not return the Assessment Review Forms within the required time
scale, the social worker monitoring the support plan should send a reminder letter, giving
28 days notice of the suspension of payments if the information requested is not received.
492 </p>
493 </div>
494 <div class="section1">
494 </div>
500 <div class="section">
501 <h2 id="urgent_cases">
501 14. Urgent Cases
501 </h2>
502 <p>
502 Where a person has an urgent need of a service, the assessment process should not delay
provision and arrangements can be made for support to be provided as a matter of urgency in
appropriate cases. The approval of the Head of Service will still be required. The local
authority will need to review the provision as soon as possible after the support has been
provided in accordance with the procedures set out above.
502 </p>
503 </div>
504 <div class="section1">
504 </div>
510 <div class="section">
511 <h2 id="special_guard">
511 15. Special Guardian Duty on the Death of the Child
511 </h2>
512 <p>
512 If the child with respect to whom a Special Guardianship Order is in force dies, the Special
Guardian must take reasonable steps to give notice of that fact to:
512 </p>
513 <ul>
514 <li>
514 Each parent of the child with Parental Responsibility; and
514 </li>
515 <li>
515 Each guardian of the child;
515 </li>
516 <li>
516 The local authority will offer support as and where required.
516 </li>
517 </ul>
518 </div>
519 <div class="section1">
519 </div>
525 <div class="section">
526 <h2 id="app1">
526 Appendix 1: Good Practice: Getting it Right First Time
526 </h2>
527 <p>
527 The following suggested good practice is taken from the
527 <a href="https://www.lgo.org.uk/information-centre/reports/focus-reports" target="_blank"
rel="noopener">
527 Local Government and Social Care Ombudsman report Firm Foundations: Complaints about
Council Support and Advice for Special Guardians
527 </a>
527 (May 2018).
527 </p>
528 <p>
528 The following is not an exhaustive list but sets out some of the positive steps councils can
take:
528 </p>
529 <ul>
530 <li>
530 Give early, clear and unambiguous advice to people who are considering becoming special
guardians. Consider how this can:
531 <ul>
532 <li>
532 Explain what is special guardianship and what this means for parental responsibility,
legal security and stability;
532 </li>
533 <li>
533 Explain the council's role and that of the court;
533 </li>
534 <li>
534 Set out who can apply to be a special guardian and what alternatives could be more
suitable;
534 </li>
535 <li>
535 Make the process of applying to be a special guardian clear, including the role of the
council in writing a report to court;
535 </li>
536 <li>
536 Explain the assessment process before becoming a special guardian. Explain that
applicants may need to complete some training.
536 </li>
537 </ul>
538 </li>
539 <li>
539 Be as clear as possible about the support that might be available and how the council will
assess the applicant's support needs;
539 </li>
540 <li>
540 Be as unambiguous as possible about the fixed term duration of support and what it is
likely to be used for;
540 </li>
541 <li>
541 Back up verbal advice and guidance in writing wherever possible, particularly where this
may have long term consequences;
541 </li>
542 <li>
542 Manage expectations early on, for example where special guardians expect ongoing support
or help with major personal expenditure;
542 </li>
543 <li>
543 Be as clear as possible with applicants that any support may be time limited;
543 </li>
544 <li>
544 Develop advice for social workers involved in supporting potential and actual special
guardians. This could include:
545 <ul>
546 <li>
546 A flow chart showing responsibilities at key stages such as suitability assessment,
financial assessment, permanence panel and court;
546 </li>
547 <li>
547 A checklist of things to cover at first assessment visit (for example explaining the
process and financial situation);
547 </li>
548 <li>
548 A summary of the SGO assessment process including child information (for example
attachment issues and any early neglect or trauma), carers information (for example
current relationship and stability).
548 </li>
549 </ul>
550 </li>
551 <li>
551 Keep clear and transparent records of contact with special guardians. This is always
important, particularly where guardians will probably be supported by several different
social workers and other officers over several years;
551 </li>
552 <li>
552 Write support plans that are clear, in plain English and set actions that are as specific,
measurable and achievable as possible so the council and guardian can review progress;
552 </li>
553 <li>
553 Make sure support plans:
554 <ul>
555 <li>
555 Are shared, discussed and agreed with special guardians, and this is well documented;
555 </li>
556 <li>
556 Are written so that they are easy to evaluate and keep under review. It should be easy
for the council and guardian to decide whether all the support has been provided;
556 </li>
557 <li>
557 Are regularly reviewed and kept up to date. Make sure plans continue to meet the
child's needs as they change;
557 </li>
558 <li>
558 Set out the approach to calculating special guardianship allowance. Explain this at
the earliest stage as possible, making clear this will be reviewed and depend on
evidence of continuing needs;
558 </li>
559 <li>
559 Keep the best interests of the child at the forefront of decision making.
559 </li>
560 </ul>
561 </li>
562 </ul>
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