tORBAY ss special guardianship orders

Special Guardianship Orders

Policy statement

Torbay Children’s Services will investigate and prepare a report to the court in respect of special guardianship applications and will, upon request undertake an assessment of special guardianship support needs and where required will co-ordinate the provision and review of support services.

Policy status

• Adoption and Children Act 2002
• Framework for the Assessment of Children in Need and their Families
• The Special Guardianship Regulations 2005
• Guidance on the Special Guardianship Regulations 2005

Key points

1. A special guardianship order gives the special guardian parental responsibility but, unlike adoption, does not completely remove parental responsibility from the parents. Whereas the holder of a residence order shares parental responsibility with parents with parental responsibility, a special guardianship order severely limits the parents options to exercise their responsibility.
2. A SGO can provide an alternative means of providing a looked after child with permanence.
3. A SGO provides a firm foundation on which to build a lifelong permanent relationship between the child and the special guardian.
4. Special guardianship orders can be made in circumstances where children are not looked after. It is a private law application appointing a person to be a child’s special guardian. Applications can be made by:
   • Any testamentary guardian of the child,
   • A local authority foster carer with whom the child has lived with for one year immediately preceding the application providing this was itself within a three year period,
   • Anyone who holds a residence order in respect of the child,
   • Anyone with whom the child has lived with for three of the last five years,
   • Where the child is looked after, anyone with the consent of the local authority,
   • Anyone who has the consent of those with parental responsibility for the child,
   • Any person who has the leave of the court to apply.
5. The special guardian will have parental responsibility for the child and this may be exercised to the exclusion of others with parental responsibility.  However there are restrictions in that a special guardian still requires either the written consent of very person who has parental responsibility of leave of the court to cause the child to be known by a new surname or to remove the child from the United Kingdom for longer than three months.
6. A court may make a special guardianship order in any family proceedings concerning the welfare of the child if they consider an order should be made, even where no application for a special guardianship order has been made providing the recipient of the order is in agreement.
7. A special guardianship order ceases to have effect when a young person reaches 18 years old or when the order is revoked or superseded by another order e.g. residence order or care order.
8. Children who were looked after immediately before the granting of a special guardianship order qualify for advice and assistance under Section 24 (1A) of the Children Act 1989.
9. A special guardian can request an assessment of need for special guardianship support services at any time after the making of a special guardianship order.
10. In cases where the prospective special guardian is the child’s foster carer, the court application fee and any legal costs incurred will be met by the local authority if the local authority are supporting the application.
11. Legal costs incurred as a result of the special guardianship application must be met by the prospective special guardians if they are not foster carers.
12. Special guardianship support services will only be provided following the completion of an assessment of need taking into consideration the individual circumstances of the case and the resources that are available locally.
13. Special guardians will be encouraged to access mainstream services wherever necessary.

Task	Responsible Officer	Record	Timescale
Where a foster carer expresses a wish to apply for a special guardianship order in relation to a child in their care, they must be advised to write and give notice to the relevant local children’s services team			At least three months before making the application to court.
Pass request to the allocated social worker for the child and notify legal services			On receipt of the written notice,
Prepare a report to the court.Investigate and assess the suitability of the carers to become special guardians for the child.	Allocated social worker
The suitability report must include the following: a.    Information about the child b.    Information about the child’s family c.     Information about the prospective special guardian(s) d.    Conclusions and recommendations from the local authority	Social worker
Send the prospective special guardian written information outlining the process that will be followed to complete the suitability report.	Social worker		Following receipt of the written notice.
Ensure that the child and prospective special guardian have an up to date medical, a summary of which must be included in the suitability report.	Social worker
Undertake local authority checks in instances where the carer lives in another local authority boundary and include these in the suitability report.	Social worker
Provide names of three referees, no more than one of whom to be a relative of the prospective special guardian.	Prospective guardian
References provided should be summarised within the report.	Social worker
Confirm the identity of the prospective special guardian by checking two of the following: birth certificate, marriage certificate, passport, driving licence, utility bill.	Social worker
Ensure that the prospective special guardian has an up to date Criminal Records Bureau check.	Social worker
If requested, an assessment of need to provide special guardianship support services must be completed using an age appropriate core assessment record. Details of the conclusion of this assessment must be detailed in the suitability report.	Social worker
Submit report to the court via legal services			By the date ordered by the court. If no date is provided, the social worker should submit the report fourteen days before the hearing date.
Where an assessment of need in relation to special guardianship support services concludes that support services should be provided, a support plan should be developed. (Please refer to section special guardianship support, below).
Take into account and apply the welfare checklist under the Children Act 1989. wishes and feelings of the child, physical, emotional and educational needs, the effect of any change in circumstances, age, sex and background, harm suffered or at risk from suffering, the capability of the parents, the range of powers available to the court.
Where the application is made by someone who is not a foster carer and the child is not looked after then the prospective special guardian must be advised that they must give notice in writing to the intake team.
Record the relevant details and where the child is not known or is not a current case, the information will be passed to the appropriate children’s services team for allocation. Once allocated, the social worker will begin investigating the suitability of the applicants to become special guardians. In cases where the child is a known and open case, the information will be passed to the relevant social worker who will complete the suitability report.	Contact and referral team		On receipt of the notice
The suitability report must include the following information: Information about the child Information about the child’s family Information about the prospective special guardian(s) Conclusions and recommendations from the local authority
Send the prospective special guardian written information outlining the process that will be followed to complete the suitability report.	Social worker		Following receipt of the written notice
Arrange for the child and the prospective special guardians to undergo a medical examination, a summary of which should be detailed within the report. Any costs incurred will be the responsibility of the prospective special guardians.	Social worker
Undertake local authority checks in instances where the prospective special guardian lives in another local authority area.	Social worker
The names of three referees must be provided, no more than one of whom to be a relative of the prospective special guardian.	Prospective guardian
References should be summarised within the suitability report.	Social worker
Confirm the identity of the prospective special guardian by checking two of the following: birth certificate, marriage certificate, passport, driving licence, utility bill.	Social worker
Complete a Criminal Records Bureau check.	Prospective special guardian(s)
Process the Criminal Records Bureau check	Social worker
Take into account and apply the welfare checklist under the Children Act 1989. wishes and feelings of the child, physical, emotional and educational needs, the effect of any change in circumstances, age, sex and background, harm suffered or at risk from suffering, the capability of the parents, the range of powers available to the court.	Social worker		During the course of the assessment
If requested, an assessment of need to provide special guardianship support services must be completed using an age appropriate core assessment record. Details of the conclusion of this assessment must be detailed in the suitability report.	Social worker
Submit report to court via legal services	Social worker		By the date ordered by the court, if no date is provided, 14 days before the hearing date.
Where an assessment of need in relation to special guardianship support services concludes that support services should be provided, a support plan should be developed. (Please refer to section special guardianship support below).
Undertaking assessments of need for special guardianship support services	N/A	N/A	N/A
Complete an assessment in all cases where a request is made for an assessment of need for Special Guardianship Support Services	Allocated social worker
The following points must be considered during the assessment: a.  The needs of the person being assessed and how these may be met b.  The needs of the child, family members e.g. birth parents and siblings and prospective special guardians c.  The circumstances that have led to the making of the special guardianship order d.  Any special needs of the child
Refer to the financial assessment procedures for special guardians in all cases where an assessment of financial support is requested	Social worker
Hold a meeting with the social worker, the team manager, the service manager and a finance representative to consider the services required to meet the identified needs where, following a needs assessment and/or a financial assessment, special guardianship support needs are identified.	Social worker		Within ten days of completion of assessment
Consider the most appropriate services that will meet the needs identified and draft a support plan.	The meeting
Complete the support plan using the child’s plan format clearly detailing the need identified and the service proposed which will assist in meeting the need.	Social worker
Where education or health services are required, send the draft plan to the local education authority and the Primary Care Trust for consideration.  Similarly, where the special guardian lives in another local authority area, the respective local authority must be consulted. Views of all parties on the proposed services must be obtained.	Social worker
Forward a copy to the special guardian. The plan must contain details of the services proposed and special guardians will have 28 days to consider the proposals. Where a special guardian is not satisfied with the proposed services, they are able to make representations.	Social worker		Within ten days following completion of the assessment and draft support plan
Representations	N/A	N/A	N/A
All representations made in relation to proposed special guardianship support services must be forwarded to the service manager.
Consider the representation ensuring all the circumstances of the case have been taken into consideration.	Service manager
Special Guardianship Support Services Plan and Reviews	N/A	N/A	N/A
Send a copy to the special guardian(s).			Within ten days of the support plan proposed has been agreed
Send a copy of the support plan to all agencies providing services to the special guardian and/ or the child.
Send a copy of the plan to the child if they are considered to be of sufficient age and understanding.
Reviews of special guardianship support plans should be conducted without being too intrusive or burdensome.			At least every six months or at the end of a short term support plan or within four weeks if there is a significant change in circumstances.
Reviews will usually be conducted by exchanging information between the social worker and the special guardian, however where a complex package of support is being provided, the review will be convened in a similar way to a child in need review.
Where the provision of support is purely financial, reviews will be held annually as per the financial support for special guardians procedure.
Following the review of the support services plan, it may be necessary to vary the services provided or reassess the need for services. The special guardian will be notified in writing and the support plan must be revised.