Special Guardianship

1. Introduction

Special Guardianship offers an option for children needing permanent care away from their birthparent/s.

It was designed to meet the need for a permanent, legally secure placement until the age of 18, for those children unable to live with a birth parent, but for whom adoption is not an option; and care is offered by a person connected to the child or their family. Special guardianship should be assessed and considered in parallel with other alternatives such as child arrangements orders, long term fostering or adoption. It meets the needs of a significant group of children, mainly older, with additional needs, or sibling groups, who need the stability and security of a placement with carer/s exercising parental responsibility, until the age of 18.

It also provides an alternative for achieving permanence in families where adoption is not an option.

A Special Guardianship Order offers stability and legal security for a child or young person rather than a Child Arrangements Order. This is due to its existence until the child is 18, the restrictions upon making any application to discharge a Special Guardianship order, and the clear division of Parental Responsibility between the Special Guardian and birth parent/s.

Special Guardians have Parental Responsibility for the child and, whilst this is shared with the child's parent/s, the Special Guardian has the ability to exercise this responsibility to the exclusion of all others with Parental Responsibility, except another Special Guardian (see below).

Children subject to a Special Guardianship Order are eligible as previously Looked After Children for additional support with their education (Sections 20(4) and 20A(4) of the Children and Young Persons Act 2008).

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.

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.

For further details about Special Guardianship as a permanence option for Looked after Child

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.

2. The Circumstances for the Making of a Special Guardianship Order

Special Guardianship Orders are private law orders. This means that individuals may decide to make such an application, in order to secure the care of a child, without any concerns having arisen as to the safety or welfare of that child and without prior involvement with Children’s Social Care. In these cases, the applicants must give three months notice to the Local Authority where they reside, as to their intention to apply.

The Local Authority may support an application from an eligible applicant for a child known to them, but for whom they do not share Parental Responsibility. This is in circumstances where the Local Authority determines that the Special Guardianship Order would be the most suitable plan for the child as an alternative to care proceedings.

Special Guardianship Orders may also be made as an alternative to a Care Order at the conclusion of formal care proceedings that have been initiated by the Local Authority. The applicants will undergo an assessment as part of the care planning process, and the Local Authority will support the making of the order as being in the best interests of the child.

Special Guardianship Orders may also be applied for by persons caring for a child who is already a Looked After Child, i.e. they are foster carers. See below.

3. Who May Apply?

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.

The following people are entitled to apply for a Special Guardianship Order themselves. on a freestanding basis, without needing to first seek permission from the court:

• Any person who has a child arrangement order as a person with whom the child is to live, or a residence order;
• Any person who has the consent of each person with a residence order or who is named in a child arrangement order as a person with whom the child is to live;
• Anyone with whom the child has lived for at least 3 years out of the last 5 years. This need not have been a continuous period, but must not have ended more than 3 months before the application is made;
• A relative with whom the child has lived for a period of at least 1 year immediately preceding the application;
• Where the child is in the care of a local authority, any person who has the consent of the local authority;
• Any person who has the consent of all those with parental responsibility for the child;
• Any guardian of the child;
  
  Any other person aged 18 or over (other than a parent) may apply for a Special Guardianship Order if they have permission from the court to make the application. This could include permission to shorten the qualifying periods above.

4. Parental Responsibility

Parental responsibility is defined as “All the rights, duties, responsibilities and authority which by law a parent has in relation to a child and his property.” s3 Children Act 1989.

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).

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.

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:

• Causing the child to be known by a different surname; or
• Removing the child from the United Kingdom for longer than 3 months.

The court may, at the time of making the Special Guardianship Order, give permission 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.

For the avoidance of doubt, a child is any child or young person under the age of 18 years.

5. Initial Steps for a Special Guardianship Order

Other than as a result of a freestanding i.e. private application, 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 initially and includes adoption proceedings.

Any person making a freestanding i.e. private application for a Special Guardianship Order must give 3 months' written notice to their Local Authority of their intention to apply.

If the child is already 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. These will normally go through the Multi Agency Safeguarding Hub (MASH) before being passed to the appropriate team. The Local Authority receiving the notice will then have a duty to provide a report to the Court.

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.

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.

Special Guardianship Orders may be made in private family proceedings and the Local Authority need not be a party to any such arrangements. However, a Special Guardianship Order in favour of a relative or foster carer who was a 'Connected Persons' with whom a child is living, may be an appropriate outcome as part of a permanence plan for a child in need or a 'looked after' child.

Where the child was looked after immediately prior to the making of the Special Guardianship Order, the Local Authority has a responsibility to assess the support needs of the child, parents and Special Guardians, including the need for financial support.

6. Planning Process

Once notice has been received that an application for Special Guardianship is to be made, it should be passed to the Team manager in the Special Guardianship Assessment Team.

Whenever an application for an SGO is made or the LA receive notification of an application, the relevant team will consider the appropriate allocation and steps to be taken.

If part of issued proceedings, Court timescales will need to be clarified.

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 Manager of the SGO Assessment Team to ensure that the allocated worker is competent to write the report.

The assessment of the applicants should include their medical history, the references received and the Disclosure and Barring Service and other statutory checks (including checks with the LA in which the applicant resides) undertaken for the assessment. Consent for these should be obtained as soon as practicable, to avoid delay.

In all cases there will need to be:

• 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). Where the assessment identifies that the child requires services from an agency other than Children’s Social Care, the social worker should consult with the relevant Integrated Care Board (ICB) or Local Education Authority;
• An assessment of the prospective Special Guardian's parenting capacity including:
  1. Their medical history; DBS checks, references and other statutory checks; any previous assessment undertaken in respect of the prospective special guardian; any likely impact the Special Guardianship Order may have on relationships between the child and the parent;
  2. 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;
  3. 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;
  4. Their ability and suitability to bring up the child until the child reaches the age of eighteen.
• An assessment of the proposed contact arrangements and the support needs of the child, parents /those who have parental responsibility and the prospective special guardian.

7. Approval of Special Guardianship for Children Known to the Local Authority

General

Special Guardianship as an outcome for a Looked After Child must be approved by the Head of Service for Corporate Parenting. The Special Guardianship must be considered and ratified at Permanency Tracking Panel.

Applications for a child subject to a Care Order with the agreement of the Local Authority

The legal status of a child should be considered at every statutory review and for children in long term care, SGO should be considered as an option. Any decision to apply for an SGO should clearly be based on meeting the needs of the individual child.

Every effort should be made to involve the prospective applicants, the birth parent/s and the child in the planning process and to fully consider with them the reasons for making the application. The prospective applicants must be advised upon the process of assessment and reports to Court, and also any other options the Court may wish to consider.

The applicant should seek legal advice in relation to their legal options and the content of the support plan. The Local Authority will pay up to 250 for the initial legal consultation.

Special Guardianship applications in Public Law Proceedings

Timescales

Best Practice Guidance on Special Guardianship (Public Law Working Group, 2021) notes that where there are safeguarding or welfare concerns about a child, the statutory guidance is clear about the importance of local authorities engaging with the parents and the wider family network at an early stage through a Family Group Conference (see Kinship Care Procedure, Family Group Conferences): the FGC should be used to share information, resolve possible disputes and conflicts with the local authority and to address long - standing tensions within the family. The pre-proceedings phase of the Public Law Outline (PLO) provides an important opportunity to engage the parents and family members in discussions about the future care of the child.

In assessing the appropriateness of any potential applicants, the local authority must assess whether any option would not be consistent with the child's welfare, or, would not be reasonably practicable.

The assessments of possible alternative carers within the family / friend’s circle should be initiated and if possible, concluded, prior to any proceedings being issued. This provides clear pathway planning, and also offers the opportunity to avoid care proceedings, if this can be achieved.

There is no requirement to complete a full assessment for all candidates nominated by parent/s; only those with a realistic likelihood of being able to fulfil the role should be fully assessed. Candidates can only be ruled out through a viability assessment.

Whilst Relaunching the PLO made clear the importance of aiming to meet the statutory requirement of completing each public law case within 26 weeks, Timetabling and timescale for full family and Friends Assessments (Family Justice Council) provides that:

'This document serves to remind social workers, Guardians, lawyers, and the judiciary regarding the process required to be incorporated into any timescales for a full Family and Friends Assessment to be done to an appropriate standard, so as to provide for a sufficient (usually 12 week) assessment period to undertake the complex requirements inherent in any full assessment. Delay for children is always to be avoided, but nothing in the Public Law Outline, primary legislation, or jurisprudence requires corners to be cut in coming to a safe evidenced conclusion, that places the welfare of the child at the heart of any recommendation or decision'.

See also: Care and Supervision Proceedings and the Public Law Outline Procedure.

In some instances, the 12 weeks assessment period will need to be extended in order to complete a full assessment of the carer and child relationship. For example, in cases where there is little, or no, prior connection/relationship between the child and the prospective special guardian it is very likely to be in the child’s best interests that the child has extensive contact with the prospective special guardian before any final consideration is given to the making of a special guardianship order. In some cases, interim care arrangements may be possible, but in most this may not be possible or practicable. In this instance every effort should be made to promote the relationship between the child and the carer by way of a contact schedule which is commensurate with the needs of the child.

Approach to assessment and afterwards

Assessments should be robust, evidence-based and child-focussed. Before the assessment, the prospective carers should be provided with full information about:

1. What the assessment will involve;
2. The time and commitment needed from them;
3. A letter should be sent explaining the expectations of the carers and what they should think about during the process.

Consent to all necessary checks should be obtained at the earliest stages and the request for the checks to be completed, submitted, even when it is unclear that the case will proceed to viability.

The assessment should carefully balance the strengths families may have: consider any existing relationships they have with the child; explore their parenting experience; the significance for the child of remaining within their family and network, against the carers’ capacity to meet the assessed needs and the challenges that a particular child may bring on a long-term basis, (including  any additional needs as a result of significant harm or neglect they may have experienced),  and until their 18th birthday. The assessment should also include any impact of the placement on the prospective Special Guardian’s own children or other children residing in the household.

A mid-way review meeting during the Special Guardianship assessment, should be held prior to sign off. This should be attended by representatives from the Special Guardianship Assessment Team, the Special Guardianship Support Team and the Family Social Work Team. This meeting should look at any strengths and worries in relation to the proposed permanent placement, and what support could be offered to assist the family.

Final recommendations should not be made until the essential tasks and activities for a full family and friends’ assessment are completed. This includes where outstanding checks are awaited.

The prospective carers should have time to read and comment on the assessment report and the support plan before it is filed.

Following the filing of the report, the prospective carers should be given the opportunity to seek independent advice and legal advice to understand fully the implications of any Orders made and if need be, make applications of their own.

A Special Guardianship Support Plan which will need to be provided at the same time as the Special Guardianship Order report and its recommendation, detailing the support to be provided to the carers and the child and include contact for the child with their birth parents. The potential applicants should discuss the support plan with their legal representatives.

The Special Guardianship Support Plan should be based on the lived experience of the child and of the proposed Special Guardian. It must be a comprehensive plan based on the assessed needs of the individual child and of the proposed Special Guardian.

Once completed the Support Plan should be approved by the Head of Corporate Parenting and time should be allowed for this.

The plan should include clear provisions for the time the child will spend with his/her parent(s) or former carers and contain clear arrangements for the planning of and support for, the contact arrangements. These should be child focussed and made in consultation with the child as appropriate for their age and understanding.

Placement before a Special Guardianship Order (SGO) is Granted

The Best Practice Guidance (2021) (Public Law Working Group) states that where there is little or no prior connection/relationship between the child and the prospective Special Guardian, it is very likely to be in the child’s best interests to be cared for on an interim basis by the prospective Special Guardian in order to establish a meaningful relationship with the child.

Where the interim plan for the placement of the child with the proposed Special Guardian is endorsed by the court, a timetable will need to be prepared that enables the proceedings to be concluded. That timetable will set out:

• The legal framework (as set out in Sub-appendix B) that authorises the placement of the child with the prospective Special Guardian until either the SGO is made or the care proceedings are concluded by other means;
• The period of time required for a robust evidence base to be established about the quality of care of the child by the prospective Special Guardian that will inform the court report. There are a number of factors that will need to be taken into account in agreeing this time period, such as:
  1. Any prior parenting experience by the prospect Special Guardian of the child;
  2. The identified needs of the child and any issues which have been identified and addressed as the child settles into the placement;
  3. Any wishes or feelings the child may have in light of their age and understanding;
  4. Any specific training or support that might be needed by the prospective Special Guardian or the child;
  5. The relationship that the prospective Special Guardian has with the parents of the child and other family members, as well as the significance of those relationships. Both from the child’s point of view and those of the prospective Special Guardian, the on-going relationship within the family must be explored for the benefits and, where they exist, the risks.

An agreed plan must be completed on a case-by-case basis that enables each of the issues fully and realistically to be addressed. As the relationship between the prospective Special Guardian and the child develops, specific questions and issues will arise that will further inform the detail of what needs to be explored.

Alongside the plan, the court will draw up a timetable for the outstanding issues that need to be resolved before a final order is made. As the interim guidance makes clear, that timetable should be dictated by the facts of the particular case. It is anticipated that this will be no more than 12 months from the interim placement of the child with the prospective Special Guardian. Where the evidence indicates that this may be through an SGO, this will include the preparation and submission of a report to the court which is evidence-based and compliant with the Special Guardianship Regulations 2005, as amended. In drawing up the timetable, the parties and the court should consider:

• Whether the prospective Special Guardian should make a formal application (if they have not already done so) for an SGO; and, if so, whether leave to make that application is required;
• Alternatively, the court will, in due course, subject to the court report prepared by the local authority, make an order of its own motion.

If the court approves an extension, consideration will need to be given to the legal framework. It may not be possible for the child to be placed pursuant to an interim care order under the current regime imposed by Regulation 24 of The Care Planning, Placement and Case Review (England) Regulations 2010. In these circumstances, an alternative approach would be placement pursuant to section 8 of the Act: a Child Arrangements Order and an Interim Supervision Order to provide support for the placement, particularly during any transition period. The court should bear in mind the consequences arising out of any change to the legal framework, particularly if it impacts upon the child’s status as a looked after child pursuant to section 22 of the Act (since April 2016 children cared for by special guardians who were ‘looked after’ immediately before the Special Guardianship Order was granted have been eligible for the Adoption and Special Guardianship Support Fund (ASGSF). The ASGSF provides funds to local authorities and regional adoption agencies to pay for essential therapeutic services for eligible adoptive and special guardianship order families). 

8. Report to the Court

The social worker or social workers preparing the Court Report should be suitably qualified and experienced. All assessments/suitability reports must comply with the schedule set out in regulation 21 of the Special Guardianship Regulations 2005 (as amended 2016). See: Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance, Special Guardianship - Matters to be Dealt with in Report for the Court.

(Where local authorities commission assessments from independent social workers, it is essential that there is clarity about the standard of the assessment commissioned before it is filed).

Once completed, the Court Report should be submitted by the author(s) to their line manager(s) for approval.

See Court Reports in Adoption/Special Guardianship Guidance for guidance on what is required in the report.

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, and indeed should avoid filing bulky and unnecessarily lengthy reports. Instead, the Local Authority should 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.

9. Variation and Discharge of Special Guardianship Order

A Special Guardianship Order can be varied or discharged on the application of:

• The Special Guardian (or any of them, if there are more than one);
• The child;
• The Local Authority in whose name a Care Order was in force before the Special Guardianship Order was made;
• Any person who is named in a Child Arrangements Order as a person with whom the child is to live;
• With the leave of the court:
  • Any parent or guardian of the child;
  • Any step-parent who has Parental Responsibility;
  • Anyone who had (but no longer has) Parental Responsibility immediately before the Special Guardianship Order was made;
  • The child (if the court is satisfied that the child has sufficient understanding to make the proposed application).

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.

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.

10. Special Guardianship Support Services

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.

Special Guardianship support services are defined as:

• Financial support;
• 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;
• 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;
• Therapeutic services for the child;
• Assistance for the purpose of ensuring the continuance of the relationship between the child and their special guardian or prospective special guardian, including training for the special guardian or prospective special guardian to meet the identified special needs of the child and mediation in relation to matters relating to Special Guardianship Orders; and
• Counselling, advice and information.

For children previously Looked After where respite arrangements are in place, the Local Authority will honour such arrangements if they are still required to support the placement. The arrangements will be time limited and based on assessed need.

In cases where the child has not been previously Looked After, respite care will normally be part of the family’s and their wider network’s own plan to support the placement.

Any request for new respite arrangements will be subject to assessment and approved on the assessed need of the child.

Special Guardianship Support will be subject to the approval of the Head of Corporate Parenting

The provision of any services (other than counselling, advice and information) may include cash assistance (for example to pay a babysitter to facilitate a break etc). 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.

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.

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.

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 their 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.

On going 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.

In relation to ongoing financial support the following will apply:

• For foster carers approved by the Local Authority, there will be ‘like for like’ funding and this will be until the child reaches the age of eighteen. Following that, ‘Staying Put’ payments will be matched on a like for like basis;
• If the child has been Looked After prior to the making of a Special Guardianship Order they will receive (if requested) support from the Local Authority’s Leaving Care services, including education costs;
• For Special Guardians who were receiving payments under Regulation 24 Fostering arrangements immediately prior to the granting of the Order, their payments will be frozen for two years. Financial support will be means tested following this two year period and reviewed annually;
• For Special Guardians who were not receiving payments prior to the making of the Order, and who have been supported in the application by the Local Authority, they will be subject to a means test for financial support. This means test will be repeated annually and payments reviewed accordingly;
• Means tested financial support takes the Child Allowance part of the Fostering Payment as the basis from which means tests are assessed;
• The local authority is not obliged to provide financial support for private applications, however, in line with regulation 6 of the Special Guardianship Regulations 2005, the Local Authority can use its discretion to provide payments if it is felt that otherwise the welfare of the child would be negatively affected.

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.

In addition to the support provided by local authorities, the Adoption and Special Guardianship 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.

Based on the assessment of needs, local authorities can apply for funding from the Adoption and Special Guardianship Support Fund.

11. Entitlement to Assessment for Special Guardianship Support

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:

• The child;
• The Special Guardian or prospective Special Guardian;
• A parent.

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:

• The child;
• The Special Guardian or prospective Special Guardian;
• A parent.

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:

• A child of the Special Guardian;
• Any person with a significant ongoing relationship with the child.

If a local authority decides not to assess in cases where they have discretion as above, they 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.

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.

12. Assessment for Support

The assessment should be based on the Assessment Framework and include the following:

• The developmental needs of the child;
• The child’s educational needs;
• The parenting capacity of the Special Guardian or prospective Special Guardian;
• Family and environmental factors that have shaped the life of the child;
• What the life of the child might be like with the proposed Special Guardian;
• Any previous assessments undertaken in respect of the child, the Special Guardian or the prospective Special Guardian;
• The needs of the Special Guardian or prospective Special Guardian and their family;
• The likely impact of the Special Guardianship Order on any pre-existing relationship between the child, parent and Special Guardian.

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.

Consultation with the relevant Integrated Care Board and Local Education Authority should form part of the assessment process, 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.

The assessment process should be flexible and should not delay provision of appropriate services.

After the assessment has been undertaken the local authority is required to prepare a written report of the assessment.

Special Guardianship Support will be subject to the approval of the Head of Corporate Parenting

At the end of the assessment and once the necessary approval has been obtained, the social worker must inform the person requesting provision of its outcome, including:

• Information about the outcome of the assessment and the reasons for it;
• Where it relates to financial support, the basis on which this is determined;
• The services (if any) that the local authority proposes to provide to help meet the child’s needs;
• If financial support is to be paid, the amount and conditions attached.

13. The Special Guardianship Support Plan

Where an assessment identifies the need for ongoing support services, a Special Guardianship Support Plan must be completed. This Plan should be based upon the lived experience of the child and the lived experience of the prospective Special Guardian.

Other agencies, such as education and health, may need to be consulted about the contents of the Plan.

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 Supporting the Education and Promoting the Achievement of Children with a Social Worker, Looked After and Previously Looked After Children Procedure.

From 1 September 2021, the School Admissions Code provides that children being raised by family and friends carers under a Special Guardianship Order or Child Arrangements Order, who struggle to get a school place during the year, will be supported in finding one.

The Plan should be written in such a way that everyone affected can understand and set out:

1. The services to be provided;
2. The objectives and criteria for success;
3. Timescales for provision;
4. Procedures for review;
5. A named person to monitor the provision of services in accordance with the Plan;
6. Contact Arrangements between the child and parent(s) which should include:
   • Type of contact, frequency and duration;
   • Who is responsible for making the arrangements of contact;
   • What practical arrangements need to be provided to facilitate contact and what professional support and assistance, if any, will be provided to the special guardian.
7. Any harm that the child may have suffered and the capacity of the prospective Special Guardian to enable the child’s developmental recovery from that harm.

The support plan must include any contact arrangements for the child with their parents, siblings and other significant people in the child’s life. The plan should include the financial support that is available, the practical arrangements to be made and provide clarity about the frequency and duration of the contact.

Contact arrangements should be planned in consultation with the child and based on assessment of their best interests, rather than those of the parent or carer. Contact arrangements need to reflect the long term nature of the placement and so should be set at a frequency that does not undermine this premise.

Special Guardianship Support will be subject to the approval of the Head Corporate Parenting

Once the necessary approval has been obtained, the social worker must share the proposed plan with the perspective SGO carers. The Local Authority will pay for legal advice up to two hours (at legal aid rates). Any amendments requested should be reviewed and signed off by the Head of Head Corporate Parenting to decide whether to amend or confirm the Plan.

Once the SGO support plan has been finalised it will be shared with the SGO carer.

14. Review of Special Guardianship Support Plan

Special Guardianship Support Services (other than financial support payable periodically) must be reviewed:

• If there is any change of circumstances affecting the support;
• At such stage of the implementation of the plan as is considered most appropriate;
• In any event at least annually.

Where services are being reviewed the same procedure for assessment must be followed as in a first assessment.

Any change to the Special Guardianship Support Plan will be subject to the approval of the Head of Corporate Parenting

Any variation to the support plan will be based on assessed need and the Special Guardian will have the opportunity to comment. Where the variation is not agreed, the Special Guardian should utilise the formal complaints procedure.

Local arrangements will determine whether any additional approval is required for changes to financial support.

If the local authority decides to vary or terminate the provision of support after the review, notice in writing must be given.

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.

Children and young people between the ages of 16 and 21 who are (or have been) subject to Special Guardianship Orders and were Looked After immediately prior to the order being made, qualify for advice and assistance from the Local Authority. This includes advice and assistance in relation to higher education.

15. Financial Support

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.

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.

Special Guardians must be made are that they are entitled to benefits; this will usually include child benefit and tax credits.

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.

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 Designated Manager (Special Guardianship Support) for approval.

The finance officer should then write to the Special Guardian setting out the amount of financial support agreed by the Designated Manager (Special Guardianship Support) and information in relation to the following:

• Whether financial support is be paid in regular instalments and if so, the frequency of payment;
• The amount of financial support;
• The period for which the financial support is to be paid;
• When payment will commence;
• Conditions for continuing payment and date by which conditions are to be met, i.e. returning Review Forms;
• Arrangements and procedure for review and termination.

Means may be disregarded in relation to:

• The initial costs of accommodating a child who has been Looked After;
• Recurring travel costs in contact arrangements;
• 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;
• Where considering an element of remuneration in financial support payments to ex-foster carers.

Where the Special Guardians were previously the child's foster carers, the local authority will maintain the fostering allowance.

The only circumstance when the local authority MUST disregard means is when providing financial support in respect of legal costs (up to £2500), 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.

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.

16. Urgent Cases

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 Corporate Parenting 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 and the Financial delegation policy.

17. Special Guardianship Orders in International Cases

Identifying potential long-term carers for the child within the family may include those who are either resident in, or nationals in, overseas countries. Special guardianship can be considered in placing a child outside of the jurisdiction. Consideration must be given to how assessments are carried out in a legally compliant and culturally relevant manner. Thought should be given to:

• The status of special guardianship in that country and other legal matters;
• The relevant matters associated with the care of children in that country: permanent, stable and secure family life; safeguarding; education and health; and specifically how all of these relate to the personal living circumstances of the host family and their need for support services, including financial and therapeutic support and contact between family members including those resident in the UK;
• Contacting local agencies in that country for guidance on the support that maybe offered.

In advance of the child being placed, a plan will need to be agreed about how the placement will be supported and what the contingency arrangements are for the child.

Best Practice Guidance (2021) (Public Law Working Group) provides that if the proposed carers appear to be viable, time may be needed for Children and Families Across Borders (CFAB) to carry out an assessment.

Note:

1. Contracting states to the 1996 Hague Convention will be better placed to offer co-operation and support than some other countries (see HCCH);
2. Social workers should carefully explore the local authority's ability to provide financial support particularly after an initial 3 years. when 'out-of-area placements' are abroad.

See also: Children and Families Across Borders (CFAB).

18. Special Guardian Duty on the Death of the Child

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:

• Each parent of the child with Parental Responsibility;
• Each guardian of the child;
• The relevant local authority if the child was previously a looked after child.

19. Complaints

Complaints Disagreements or concerns about the Special Guardian process should first be raised with the social worker or Team Manager with a view to resolving any issues. If the complainant does not feel that this resolves the concerns, they can use the formal complaint process. Formal complaints should be directed to the Special Guardianship Support and Permanence Team via CYP.Casework@lewisham.gov.uk. If the complaint is related to decisions or actions taken by the Local Authority under the Children Act, the complaint will be processed under The Children Act 1989 Representations Procedure Regulations 2006.

Appendix 1: Good Practice: Getting it Right First Time

The following is not an exhaustive list but sets out some of the positive steps councils can take:

• Give early, clear and unambiguous advice to people who are considering becoming special guardians. Consider how this can:
  • Explain what is special guardianship and what this means for parental responsibility, legal security and stability;
  • Explain the council’s role and that of the court;
  • Set out who can apply to be a special guardian and what alternatives could be more suitable;
  • Make the process of applying to be a special guardian clear, including the role of the council in writing a report to court;
  • Explain the assessment process before becoming a special guardian. Explain that applicants may need to complete some training.
• Be as clear as possible about the support that might be available and how the council will assess the applicant’s support needs;
• Be as unambiguous as possible about the fixed term duration of support and what it is likely to be used for;
• Back up verbal advice and guidance in writing wherever possible, particularly where this may have long term consequences;
• Manage expectations early on, for example where special guardians expect ongoing support or help with major personal expenditure;
• Be as clear as possible with applicants that any support may be time limited;
• Develop advice for social workers involved in supporting potential and actual special guardians. This could include:
  • A flow chart showing responsibilities at key stages such as suitability assessment, financial assessment, permanence panel and court;
  • A checklist of things to cover at first assessment visit (for example explaining the process and financial situation);
  • 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).
• 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;
• 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;
• Make sure support plans:
  • Are shared, discussed and agreed with special guardians, and this is well documented;
  • 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;
  • Are regularly reviewed and kept up to date. Make sure plans continue to meet the child’s needs as they change;
  • 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;
  • Keep the best interests of the child at the forefront of decision making.

Consideration of applications by the Local Authority

Each application will be considered on its own merits including but not exclusively for children and carers in the following circumstances

• The child is Looked After by the Local Authority; and
• Where those applicants were formally assessed as foster carers by the Local Authority;
• The making of a Special Guardianship Order in favour of the applicant is considered by the Local Authority in the best interests of the child;
• The applicant would not seek a Special Guardianship Order because of their financial situation unless a Special Guardianship Allowance were to be paid;
• The child needs to be placed with a sibling or with a sibling group and the Special Guardianship application will include them;
• Where a child is not Looked After and the Local Authority assesses it is necessary to promote a Special Guardianship Order in the interests of the child then it may support by contributing to the cost of the application and/or making regular payments.