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4.2.1 Special Guardianship Orders

RELATED CHAPTERS

This chapter should be read in conjunction with the Family and Friends Care Policy and Procedure

AMENDMENTS

The sections in the chapter relating to special guardianship financial support were revised in November 2009.


Contents

1. Policy Statement
2. The Legal Framework for Special Guardianship
3. Procedures and Practice Guidance
3.1 Report to the Court
3.2 Special Guardianship Support Services
3.3 Services for Persons Outside the Area
3.4 Assessment for Special Guardianship Support Services
3.5 Notice of Outcome of Assessment
3.6 Notification of Special Guardianship Support Services
3.7 The Support Plan
3.8 Reviews
3.9 Other Requirements Regarding Provision of Services
3.10 Special Guardianship Financial Support (Updated)
Appendix 1 - Process Map and Working Instructions


1. Policy Statement

1.1 Peterborough City Council will support and facilitate Special Guardianship Orders and support services as legislated under the Children Act 1989.

Children's Social Care acknowledges that Special Guardianship provides, for some children, an appropriate permanency option in addition to Adoption Orders and Residence Orders and, therefore, should be viewed similarly in terms of process, decision-making and support.


2. The Legal Framework for Special Guardianship

2.1 Section 14A to F of the Children Act 1989 (as amended by the Adoption and Children Act 2002) provides the legal framework for Special Guardianship and provides for:
  • Who may apply for a Special Guardianship Order
  • The circumstances in which a Special Guardianship Order may be made
  • The nature and effect of Special Guardianship Orders
  • Support services for those affected by Special Guardianship.
2.2 A Special Guardianship Order appoints a person to be a child's special guardian.  Applications may be made by an individual or jointly by two or more people to become special guardians.  Joint applicants do not need to be married.  Special guardians must be 18 or over.  The parents of a child may not become that child's special guardian.
2.3 A court may make a Special Guardianship Order in respect of the child on the application of:
  • Any guardian of the child
  • A local authority foster carer with whom the child has lived for more than one year immediately preceding the application
  • Anyone who holds a Residence Order with respect to the child, or who has the consent of all those in whose favour a Residence Order is in force
  • Anyone with whom the child has lived for three out of the last five years
  • Where the child is in the care of the local authority, any person who has the consent of the local authority
  • Anyone who has the consent of all those with Parental Responsibility for the child
  • Any person, including the child, who has the leave of the court to apply.
2.4 The court may also make a Special Guardianship Order in any family proceedings concerning the welfare of a child if they consider an order should be made.  This applies even when no application has been made and includes adoption proceedings.
2.5 When considering whether to make a Special Guardianship Order, the welfare of the child is the court's paramount consideration and the Welfare Checklist set out in section 1 of the Children Act 1989 applies.
2.6 Any person who wishes to apply for a Special Guardianship Order must give three months' written notice to the local authority for the area where they live of their intention to apply.  The only exception to this is where a person has leave of the court to make a competing application for a Special Guardianship Order where an application for an Adoption Order has already been made.  This is in order to prevent the competing application delaying the adoption hearing.
2.7 On receipt of notice of an application, or if the court makes a request, the local authority must investigate and prepare a report to the court about the suitability of the applicants to be special guardians.  The information to be included in the report to the court is set out in Court Reports in Adoption/Special Guardianship Guidance.  The local authority may arrange for someone else to carry out the investigation or prepare the report on their behalf.  The court may not make a Special Guardianship Order unless it has received the report covering the suitability of the applicants.
2.8 Before making a Special Guardianship Order, the court must consider whether to vary or discharge any other existing order made under section 8 of the Children Act 1989.  This could include a Contact Order or Residence Order.  The court should also consider whether a Contact Order should be made at the same time as the Special Guardianship Order.  A Contact Order may be made, for example, to require continued contact with the child's parents.
2.9 At the same time as making a Special Guardianship Order, the court may also give leave for the child to be known by a new surname and give permission for the child to be taken out of the UK for periods longer than three months.
2.10 The special guardian will have Parental Responsibility for the child.  Unlike in adoption, however, the legal relationship between the child and his or her parents continues; the parents will continue to hold Parental Responsibility although their ability to exercise it will be limited.  Although they do not need to be consulted by the special guardian on day to day matters concerning the child, they 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 parent if the child dies.
2.11 The making of a Special Guardianship Order will discharge any existing Care Order and therefore the local authority's Parental Responsibility in those cases will automatically be discharged.  However, where a child with a special guardian is made the subject of a Care Order, the Special Guardianship Order is not automatically discharged although the exercise of Parental Responsibility by the special guardian will be limited as a result.
2.12 While a Special Guardianship Order is in force, the written consent of every person who has Parental Responsibility for the child or the leave of the court must be obtained before:
  • The child can be known by a different surname
  • The child can be removed from the UK for longer than three months.
2.13 Unlike Adoption Orders, Special Guardianship Orders can be varied or discharged on the application of:
  • The special guardian
  • The local authority is whose name a Care Order was in force with respect to the child before the Special Guardianship Order was made
  • Anyone with a Residence Order in respect of the child before the Special Guardianship order was made

Also, with the leave of the court, the following may apply:

  • The child's parents or guardians
  • Any step-parent who has Parental Responsibility
  • Anyone who had Parental Responsibility immediately before the Special Guardianship Order was made
  • The child (if the court is satisfied that the child has sufficient understanding).
2.14 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.
2.15 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.
2.16 Local authorities are required to make arrangements for the provision of special guardianship support services - see Section 3.2, Special Guardianship Support Services.  These include counselling, advice, information and financial support.
2.17 The regulations also provide for the assessment of needs for special guardianship support services, and the planning and the reviewing of those support services - see Section 3.7, The Support Plan and Section 3.8 Review.
2.18 Children who were Looked After immediately before the making of a Special Guardianship Order may be within the definition of  Qualifying Young People and thereby be entitled to advice and assistance under the Leaving Care Procedure.  In the context of Special Guardianship, to qualify for advice and assistance, section 24(1A) of the Children Act 1989 provides that the child must:
  • Have reached the age of 16, but not the age of 21
  • If less than 18 years old, have a Special Guardianship Order in force
  • If 18 years old or above, have had a Special Guardianship Order in force when they reached that age
  • Have been Looked After by a local authority immediately before the making of the Special Guardianship Order.
2.19 The relevant local authority, i.e.  the local authority that last looked after the child, should make arrangements for children who meet these criteria to receive advice and assistance in the same way as for any other Qualifying Young Person.
2.20 The special guardian and child (if appropriate) should be made aware of their rights with regard to care leavers support at the time the Special Guardianship Order is made.  This information should be provided by the social worker who prepares the court report.
2.21 If a child is in receipt of regular Special Guardianship support services, other than finance, they should be reminded of their right to care leavers support through their annual review.


3. Procedures and Practice Guidance

(See also Appendix 1, Process Map and Working Instructions)

3.1 Report to the Court
3.1.1 Where a person intends to apply for a Special Guardianship Order they must give three months written notice to the local authority.  If the child in question is being Looked After then the applicant must give the written notice to the responsible local authority.  If the child is not Looked After by a local authority the applicant must give written notice to the local authority in whose area s/he has his/her home.  Upon receipt of written notice, the local authority is required to investigate and prepare a report on the applicant's suitability to be a special guardian. The report must be completed within 3 months of the receipt of the notice.
3.1.2 Even when there is no application, in certain circumstances the court may consider that a Special Guardianship Order should be made and ask the relevant local authority to prepare a report on a person's suitability to be a special guardian.  The information required for the report is the same whether there is an application or the court has asked the local authority to prepare a report.  The court may not make a Special Guardianship Order unless it has received the report from the local authority.
3.1.3 During the local authority's investigation and preparation for their report, it may be necessary for another local authority to supply information, for example, where the local authority is preparing a report in respect of a child it is looking after and the prospective special guardian lives in the area of another local authority.
3.1.4 In these instances the allocated social worker should write to the local authority in question requesting any relevant information it may hold with regard to the prospective special guardian.
3.1.5 Where the local authority has received notice from an applicant or a request from the court, the allocated social worker should send written information about the steps he/she proposes to undertake in preparing the court 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.  A leaflet containing this information is available and should be sent by the social worker to the prospective special guardian and the birth parents of the child as soon as practicable after receipt of the notice..
3.1.6 The allocated social worker should also consider offering the child, the prospective special guardian or the child's parents an assessment of support needs during its investigation, if this appears appropriate.
3.1.7 In all cases it is important to accurately ascertain and report on the child's wishes and feelings.  This will be especially important for the local authority preparing the report to consider in cases where there is no Children's Guardian appointed by the court.
3.1.8 The information to be included in the report to the court is set out in Court Reports in Adoption/Special Guardianship.  They can be summarised as follows:
  • Information about the child who is the subject of the application, including history, health, education and emotional needs, family relationships
  • Information about the child's family, including background history, employment, education, health and mental health, family relationships
  • The wishes and feelings of the child and others
  • Information about the prospective special guardian, including the outcome of CRB and local authority checks to include background history, health, education, employment, parenting capability and experience, support systems in place and needed, relationship with the child and family, any contingency care arrangements that may be necessary, finances
  • Information about the local authority which compiled the report and the actions of the local authority
  • A summary of any proposed Special Guardianship support services to be provided by the local authority or if no services are to be provided the reasons why
  • A summary prepared by a medical professional
  • Implications of the making of a Special Guardianship order for those involved
  • Relative merits of a Special Guardianship Order and other orders
  • A recommendation regarding Special Guardianship
  • A recommendation regarding contact
3.1.9 Social workers who conduct the investigations and prepare the court reports must be suitably qualified and experienced.
3.1.10 In conducting the investigation, the social worker preparing the report should analyse and consider the information they ascertain from and about the prospective special guardian.  The approach should be objective and enquiring.  Information should be evaluated, and its accuracy and consistency checked.  The safety of the child is of paramount concern and it is vital that the background of the prospective special guardian is checked rigorously.  The special guardian (with an appropriate support package) should be considered able to meet the child's needs at the time of the making of the order and in the future.
3.1.11 Requests for Special Guardianship court reports for children not known to Children's Social Care will go to the Referral and Assessment Service which will take the referral.  It will then be passed onto the Adoption Support Team and allocated to a social worker to complete the court report. The allocated worker from the Adoption Support Team will complete the assessment. A worker from the Referral and Assessment Team will remain involved to ensure that the needs of the child in the placement are met.
3.1.12 When the court grants a Special Guardianship Order but there are no special guardianship support services provided, the case should be closed.
3.1.13 When a Special Guardianship Order is granted and special guardianship support services are being provided (not just financial support) the case should be transferred to the Adoption Support Team who will provide the services, monitor outcomes and conduct regular reviews.
3.1.14 When a Special Guardianship Order is granted and financial support is provided, the case can be managed by the finance section who will be responsible for conducting financial reviews, amending payments etc.  If, however, a financial review reveals significant changes to the family's circumstances or the needs of the child, the case should be referred to the Referral and Assessment Service who will make a decision as to whether to refer it on to the Adoption Support Team.  It will then be allocated to a social worker who should complete a re-assessment for special guardianship support services.


3.2 Special Guardianship Support Services
3.2.1 Local authorities are required to make a range of support services available in their area to meet the needs of people affected by Special Guardianship.
3.2.2 Special Guardianship support services are defined as:
  • Financial support - paid subject to assessed need and means tested (see Section 3.10, Special Guardianship Financial Support).
  • Services to enable groups of children for whom a Special Guardianship order is in force or in respect of whom is being formally considered, special guardians and prospective special guardians, and parents of the child to discuss matters relating to Special Guardianship.  It is envisaged that this service will develop as the local authority starts to work with children and families affected by 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.  This service will be provided by a social worker from the Adoption Team.
  • Therapeutic services for the child.  This will be provided through referrals to an appropriate agency e.g. CAMHS.
  • 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.
  • Counselling, advice and information.  This service should be provided by a social worker from the Adoption Team.
3.2.3 Special guardianship support services should not be seen in isolation from mainstream services.  It is vital to ensure that children and families involved in special guardianship arrangements are assisted in accessing mainstream services and are aware of their entitlement to social security benefits and tax credits as appropriate.


3.3 Services for Persons Outside the Area
3.3.1 The local authority where the special guardian lives is responsible for undertaking an assessment of need and provision of any special guardianship support services in response to that assessment.  The only exception to this is where a child was Looked After before the Special Guardianship Order was made in which case it is the local authority looking after the child which will be responsible as set out below.
3.3.2 In these cases, the assessment and provision of any special guardianship support 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 three years from the date of the order.  This rule applies wherever the family live during this period.  If the family do move during the three years or there is any other significant change in their circumstances, the local authority may wish to undertake a re-assessment and alter the support plan accordingly, including any contact arrangements that are part of the plan.
3.3.3 When the three year period from the making of the Special Guardianship Order has expired, the local authority where the special guardian lives is responsible for assessing and providing support services.
3.3.4 Where the child who is subject to the order was not previously looked after, the local authority where the special guardian lives is always responsible for assessment and support.  This includes assessment and any support that is needed by the child's relatives who may live elsewhere.  If the special guardian and his or her family moves, then the responsibility passes to the new authority.  The local authority where the special guardian previously lived should co-operate as needed to ensure a smooth transition for the child.
3.3.5 A distinction is made between ongoing financial support (financial support that is paid on a regular basis), which was agreed before the Special Guardianship Order was made, and other support services.  The assessment and provision of such financial support will remain the responsibility of the local authority who originally agreed it for as long as the family in question qualify for payments.


3.4 Assessment for Special Guardianship Support Services
3.4.1 The following people must receive an assessment at their request, in cases involving Child in Care or children who were looked after immediately prior to the making of the Special Guardianship order:
  • The child
  • The special guardian
  • A parent.
3.4.2 Where requested the child's allocated social worker will undertake an assessment for special guardianship support services by completing a Core Assessment.
3.4.3 It is important that children who are not (or were not) looked after are not unfairly disadvantaged by this approach.  In many cases the only reason the child is not looked after is that relatives stepped in quickly to take on the responsibility for the child when a parent could no longer do so.
3.4.4 The following people may be offered an assessment of their need for special guardianship support services:
  • The child (where not Looked After)
  • The special guardian or prospective special guardian (where the child is not Looked After)
  • A parent (where the child is not Looked After)
  • A child of a special guardian (whether the Special Guardianship child is Looked After or not)
  • Any person whom the local authority considers to have a significant and ongoing relationship with a child (whether the child is Looked After or not)
3.4.5 The child's allocated social worker should consult with his or her team manager with regard to whether or not to offer discretionary assessments for special guardianship support services.
3.4.6 If the local authority decides not to carry out an assessment where they have a discretion, as above, the allocated social worker must give the person notice of the proposed decision in writing including reasons for the decision.  The person who requested the assessment must be allowed at least 28 days to make representations in relation to the decision.
3.4.7 Representations should be made in the form of a complaint under the local authority's Complaints Procedure.
3.4.8 Local authorities also have discretion to undertake an assessment of other people in relation to special guardianship support services.  If they do so, then they should follow the same procedure as they would use where people have an entitlement to an assessment.
3.4.9 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 other service, then an assessment should be carried out.  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.
3.4.10 Assessments for special guardianship support services should follow the guidance set out in, and use the domains of, the Assessment Framework and cover the following areas:
  • The developmental needs of the child
  • The parenting capacity of the special guardian or prospective special guardian
  • The family and environmental factors which have shaped the life of the child
  • What the life of the child might be like with the special guardian
  • Any previous assessment undertaken in respect of the child or the special guardian or prospective special guardian
  • The needs of the special guardian or prospective special guardian and their family
  • Where it appears to the local authority that there is a pre-existing relationship between the special guardian or prospective special guardian and the parents of the child, the likely impact of the Special Guardianship Order on the relationship between the person, that child and the parent.
3.4.11 Assessments for special guardianship support services should recognise that the context is different from that from birth families.  Taking this approach means that past assessments for a child who has previously been a Child in Need or Looked After by a local authority, can inform the assessment of special guardianship support needs.  These should be updated as appropriate.  Professionals and other staff who will be involved in undertaking assessments for special guardianship support services will need to be familiar with the Assessment Framework.
3.4.12 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 guardian may be interviewed.
3.4.13 Section 14F(10) of the Act gives local authorities the power to assess special guardianship support needs at the same time as undertaking another assessment, so that local authorities can avoid the need for a number of different assessments.
3.4.14 The allocated social worker should consult the relevant Primary Care Trust or local education service during the course of the assessment, if needs identified relate to services provided by bodies other than Children's Services, and it appears that there may be service implications for health or education services.
3.4.15 It is important that the assessment process and follow up does not unnecessarily delay provision where a person has an urgent need for a service.  In such cases, services should be provided to meet the urgent need, if appropriate, after discussion between the social worker and team manager. The assessment process can continue in parallel.  The local authority should then review its provision or urgent services as soon as possible as part of the assessment.


3.5 Notice of Outcome of Assessment
3.5.1 When the assessment for special guardianship support services has been completed and it reveals a need for services, it must be decided whether to provide such services.  Where the provision of support has any financial implications, this will be decided by the Designated Manager (Special Guardianship Support) and his or her approval will therefore be required before any notice of the outcome of the assessment is given - see Section 3.10, Special Guardianship Financial Support
3.5.2 The person being assessed must be allowed the opportunity to make representations by being sent a notice of the outcome of the assessment.  The notice must contain the following information:
  • A statement as to the outcome of the assessment of the person's needs for special guardianship support services
  • Where the assessment relates to his or her need for financial support, the basis upon which financial support is determined
  • Whether the local authority proposes to provide him or her with special guardianship support services
  • The services (if any) that the local authority proposes to provide
  • If financial support is to be provided, the proposed amount that would be payable and any conditions attached to the payment.
3.5.3 The notice referred to above must be sent by the allocated social worker.
3.5.4 Where it is decided to provide special guardianship support services the social worker must also prepare a Support Plan (signed off by the team manager), and the notice must be accompanied by a draft of that plan.  The social worker should also refer the person to sources of independent advice and advocacy.
3.5.5 The prospective special guardian must be given 28 days to make representations in relation to the above notice if unhappy with its content.  Representations should be made in the form of a complaint under the local authority's complaints procedure.
3.5.6 A decision cannot be made until the person has made representations or has notified the authority that s/he is satisfied with the proposed decision and, where applicable, the draft Support Plan; or the period of time for making representations has expired i.e. 28 days.


3.6 Notification of Special Guardianship Support Services
3.6.1 After considering any representations, a final decision will be made about what support services to provide, if any, and notice of that decision must be given, including the reasons for it.  Where the provision of support has any financial implications, this will be decided by the Designated Manager (Special Guardianship Support) - see Section 3.10, Special Guardianship Financial Support
3.6.2 Where financial support is provided the notice of the decision must also include the method of the determination of the amount of financial support and, where financial support is to be paid in instalments or periodically:
  • The amount of financial support
  • The frequency with which the payment will be made
  • The period for which financial support is to be paid
  • When will payment will commence.
3.6.3 Where financial support is to be paid as a single payment, when the payment is to be made.
3.6.4 Where financial support is to be paid subject to any conditions, those conditions, the date (if any) by which the conditions are to be met and the consequences of failing to meet the conditions.
3.6.5 The arrangements and procedure for review, variation and termination of financial support.
3.6.6 This notice must be sent by the social worker after consultation with the finance section.


3.7 The Support Plan
3.7.1 A Support Plan must be prepared if special guardianship support services are to be provided on more than one occasion, and the services are not limited to the provision of advice and information.  Where it appears that the person may have a need for services from a Primary Care Trust or local education service, the social worker must consult those agencies before preparing the plan.
3.7.2 The plan should set out:
  • The services to be provided
  • The objectives and criteria for evaluating success
  • Timescales for provision
  • Procedures for review
  • The name of the person nominated to monitor the provision of services in accordance with the plan - (this will be the allocated social worker from the Adoption Team).


3.8 Reviews
3.8.1 Where special guardianship support services are provided other than financial support paid periodically, such services must be reviewed:
  • If any change in the person's circumstances which may affect the provision of special guardianship support services comes to the notice of the department
  • At such a stage in the implementation of the plan as the social worker considers appropriate
  • In any event, at least annually.
3.8.2 Where services are being reviewed, the same procedure for assessment must be followed.  The allocated social worker in the Adoption Support Team is responsible for undertaking reviews.
3.8.3 If after review it is decided to vary or terminate the provision of special guardianship support services, the person must be given notice of the proposed decision and allowed time to make representations.
3.8.4 Representations should be made in the form of a complaint under the local authority's complaints procedure.  Any variation or termination of services must be discussed and agreed between the social worker and team manager.
3.8.5 The notice to vary or terminate services must contain the same information as the notification of the outcome of the first assessment and, if it is proposed to revise the plan, a draft of the revised plan.
3.8.6 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 an exchange of correspondence (see Section 3.10, Special Guardianship Financial Support).  Where the change of circumstances is relevant to only 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.
3.8.7 The allocated social worker (from the Adoption Support Team) should discuss with their team manager which form of review is most appropriate depending on individual circumstances and conduct a review based on the outcome of this discussion.


3.9 Other Requirements Regarding Provision of Services
3.9.1 The regulations state that provision of any services other than counselling, advice and information may include the local authority giving a person assistance in cash where the local authority considers this appropriate.
3.9.2 If overnight short term breaks are provided to meet a child's needs, this accommodation must be provided by or on behalf of a local authority under section 23 of the Children Act 1989 (accommodation of Child in Care) or by a voluntary organisation under section 59 of the Act.  This means that arrangements by a local authority for overnight short term breaks must involve the child being Looked After for the duration of the period of the short break.  This requires that appropriate safeguards are in place during the short break and that any foster carer providing overnight care has been approved under the Fostering Regulations 2002 - see Assessment and Approval of Foster Carers Procedure.


3.10 Special Guardianship Orders and Financial Support
3.10.1

This section was updated in November 2009.

To meet the needs of those children who need a permanent parental figure but who are not fostered or adopted the Adoption and Children Act 2002 introduced the concept of Special Guardianship.  Any person other than the child's parent may be a special guardian.  Once granted the order enables the special guardian to exercise Parental Responsibility for the child to the exclusion of any other person with Parental Responsibility.  This order is frequently considered by the courts as an alternative to adoption or fostering during Care Proceedings. For further details about special guardianship, see Section 2, The Legal Framework for Special Guardianship
3.10.2

The Adoption and Children Act 2002 imposes on local authorities a duty to make arrangements for the provision in its area of special guardianship services.  Financial support is payable to a special guardian or prospective special guardian where;

  1. to facilitate arrangements for a person to become a special guardian for a child where the local authority consider such arrangements to be beneficial to the child's welfare; or
  2. to support the continuation of such arrangements after a special guardianship order is made.
3.10.3

In general, financial support is only payable to meet specific needs in the following circumstances;

  • Where the local authority considers such financial support necessary to ensure the special guardian can look after the child,
  • Where the local authority considers that the child needs special care which requires a greater expenditure of resources than would otherwise be the case because of his/her illness, disability, emotional or behavioural difficulties or the consequences of past abuse or neglect.
All requests for financial support for special guardianship orders must be approved at the finance panel prior to the case being heard in court.  All such requests must evidence what criteria the request is being made under and be accompanied with a needs and means test assessment.
3.10.4

Where financial support is paid as an ongoing grant this will be means tested on an annual basis.  Needs assessments will be undertaken by the adoption team at no more than 3 year intervals from the commencement of the arrangement.

Prospective carers MUST be informed that any financial agreement is not a life long obligation and is subject to both a means and needs test review which will be considered by the finance panel.

3.10.5


Settling in Grant

A settling in grant of £250 per child is payable to the special guardian as long as they were not foster carers for the child/ren prior to the making of the order.  This grant allows the family to purchase any equipment required for their new responsibility.  For foster carers this equipment would have been provided in order for them to undertake the fostering task.  This grant is non means tested and proof of expenditure is not required.

3.10.6


Remuneration for former foster carers

Financial support under this allowance may include an element of remuneration but only where the decision to include it is taken before the special guardianship order is made and the local authority consider it to be necessary to facilitate arrangements for a person to become a special guardian where;

  1. The special guardian or prospective special guardian has been a local authority foster parent in respect of the child/ren
  2. An element of remuneration was included in the payments by the local authority to that person in relation to his fostering the child.

But that element of remuneration ceases to be payable after 2 years from the making of the order unless the local authority consider its continuation to be necessary having regard to the exceptional needs of the child or the exceptional needs of the circumstance.

Payments under the special guardianship allowance scheme will only attract holiday, birthday and religious festival payments for the first 2 years from the making of the order.

The Social Worker should complete a Core Assessment at the time of the application for a special guardianship order which will identify the child's needs and recommend whether financial support should be paid beyond the 2 year period.  This assessment should be presented to the finance panel for approval.  If financial assistance is maintained after the 2 year period it will NO longer include holiday, birthday or religious festival allowance and will be made at the fostering network rates.

All financial payments are less child benefit and any other specific benefits such as Disability Living Allowance.

It is vital that foster carers who take special guardianship orders are made aware of these differences in payments at the earliest stages of discussions about special guardianship.

3.10.7


Cessation of financial support

If the child continues in further education beyond 18 the payment of any financial support will only be given if the child's situation meets the criteria laid out above.  The child or carer will be expected to claim any benefits available e.g. student loans, EMA as with any other child.  Any payment will be means and needs tested and the case will be considered by the finance panel and will need supporting evidence by the assessing social worker as to why this payment is required and what will be the detriment to the young person if it is not.

3.10.8


Conditions of payments

Where financial support is paid on an ongoing basis as a regular allowance the adoptive parent must agree;

  1. They will inform the authority immediately if they change address; the child dies, if any of the changes mentioned in the cessation of payments occur, or if there is a change in the special guardian's financial circumstances or the resources the child requires.
  2. Where the information is given verbally the carers will confirm it in writing within 7 days
  3. To complete and supply an annual financial assessment and confirm annually the child still has a home with them
  4. Failure to complete and return the financial assessment within 28 days of the due date will result in the cessation of payments at the 28 day point which will not be reimbursed if the financial assessment is later completed.

3.10.9


One off payments of exceptional value

There are on occasions requests from families who are considering a legal order to provide permanence for a child for large financial grants.  These one off grants will have specific conditions attached including the timescale within which and the purpose for which any payment of financial support should be utilised.  An example of this may be if the money if provided for alterations of extensions to a property owned by the carer/adopters.  The family would enter into a legal agreement with the department so that the authority would be refunded from the sale of the house if the placement broke down within a specified timescale.

The finance panel would make a recommendation regarding requests of this kind but the final agreement would stand with the Head of Service.


Appendix 1 - Process Map and Working Instructions

Click her to view Recording a Child/Young Person Special Guardianship Order Flowchart

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