Special Guardianship Procedures

1. Law and Guidance

Children Act 1989
Adoption and Children Act 2002
Children and Young Persons Act 2008

Special Guardianship was introduced by the Adoption and Children Act 2002 (ACA) which amended the Children Act 1989 (CA) to allow relatives who are approved carers the same rights as Local Authority carers in respect of applications to be Special Guardians.

Special Guardianship Regulations 2005 (SGR) SI No. 1109:

• The Regulations set out further provisions particularly in relation to special guardianship support services and the, The Special Guardianship (Amendment) Regulations 2016. These regulations have been revised to amend the Schedule to the Special Guardianship Regulations (2005) (the 2005 Regulations) which prescribes the matters to be dealt with by local authorities in reports they prepare for the court in applications for special guardianship orders.

Special guardianship guidance - Statutory guidance for local authorities on the Special Guardianship Regulations 2005 (as amended by the Special Guardianship (Amendment) Regulations 2016) - This statutory guidance from the DfE replaces former statutory guidance issued by the Department for Education and Skills in 2005.

2. Special Guardianship and Permanence

A Special Guardianship Order is an option for children needing permanent care other than by their birth parents. As it is intended for use in respect of permanent arrangements, there is no interim special guardian order. It is legally more secure than a Residence Order or Child Arrangements Order because parents cannot apply to discharge the order without leave of the court. It is less permanent than an Adoption Order because it can be revoked and it does not end the legal relationship between the child and his/her birth parents.

It was anticipated that special guardianship would:

1. Meet the needs of mainly older children including children in foster care, who needed a sense of stability and security, but who did not wish to make the absolute legal break with their birth family that is associated with adoption;
2. Provide an alternative for achieving permanence in families where adoption was not an option, for cultural or religious reasons.

However, nationally, most Special Guardianship Orders have resulted from applications by grandparents or other close relatives in respect of young children subject of Care Proceedings or where the Local Authority was likely to have initiated care and placement proceedings had the special guardianship application not been made.

3. Effect of a Special Guardianship Order

Special guardians hold enhanced Parental Responsibility for the child. This limits the exercise of Parental Responsibility by all others and endures until the child reaches 18.

While a Special Guardianship Order is in force, no person may:

• Change the child's surname; or
• Remove the child from the UK for more than 3 months.

Without the written consent of each person with Parental Responsibility for the child or the leave of the court.

Note

1. This restriction does not however, prevent a child's special guardian removing the child from the UK for a period of less than 3 months;
2. The court is unlikely to permit a change of surname unless there are particular and compelling reasons.

At the time of making the order, the court may give leave for the child to be known by a new surname or to be removed from the UK, either generally or for specified purposes.

A Special Guardianship Order may contain provisions which are to have effect for a specified period.

Under Section 91 (5A) the making of a Special Guardianship Order discharges any Care Order or an order under Section 34 (contact with a child in care) that is in place at that time. The legislation does not preclude a Supervision Order being made alongside a Special Guardianship Order. However in most cases the court will expect the package of services and support available to the child and special guardian through the special guardian support plan to negate the need for any additional order.

The special guardian has the right under Section 5(4) CA 1989, to make a Will appointing a guardian for the child in the event of his/her death before the child reached adulthood. This person would acquire Parental Responsibility. Note: unless the guardian then applied for a Special Guardianship Order, any special guardianship support services would be jeopardised as would any other legal entitlement arising from the previous Special Guardianship Order.

4. Special Guardianship and the Court

A Special Guardianship Order may be made in any family proceedings, hence it may arise in private and public law proceedings. Although not the normal route, it is possible for the court to ask the Local Authority to investigate and provide a report and the Local Authority must do so. The court in such cases, should not direct the preparation of the special guardianship report unless there is a real possibility of a Special Guardianship Order being made. If the prospective special guardian requires leave to apply, this must be obtained before the Local Authority commences its enquiries.

The court may not make a Special Guardianship Order unless it has received a report from the Local Authority dealing with the matters as set out in the Schedule under Regulation 21. See Section 7, Notice to the Local Authority and Section 11, Investigation, Enquiries and Preparation of Report to Court.

Proceedings initiated by an application for special guardianship are not specified proceedings and therefore the appointment of a children's guardian is not automatic. However, if the Local Authority had initiated proceedings to discharge the Care Order and a prospective carer then made an application for special guardianship, such proceedings would be specified and the court would appoint a guardian. The court may in any case appoint a CAFCASS officer if it considers this to be in the child's best interests.

When deciding whether to make a Special Guardianship Order, the child's welfare is the court's paramount consideration and the court must have regard to the welfare checklist; s.1(1) CA 89 (see Appendix D: The Welfare Checklist).

The court must avoid unnecessary delay and should not make the order unless it will benefit the child.

Having satisfied itself that it is necessary to curtail the birth parents' Parental Responsibility, the court will need to be satisfied that the prospective special guardian is a suitable person to hold enhanced Parental Responsibility.

The court must also consider if a Child Arrangements Order should be made and if any Section 8 order in force, whether it should be varied or discharged.

At the time of making the order the court may give leave for the child to be known by a new surname or to be removed from the UK.

5. Who may Apply for a Special Guardianship Order

An applicant must be over 18 and may apply alone or jointly. Joint applicants do not need to be married. A parent of the child may not apply.

Note: Special guardianship is not intended for a step parent. Obtaining Parental Responsibility under Section 4A CA as amended by Section 112 of the 2002 Act would extend Parental Responsibility to the step parent without affecting the birth parent's ability to exercise it.

A core group of people is entitled, having given notice to the local authority, to make the application as of right. The core group is:

• Any guardian of the child (i.e. a person appointed as a legal guardian of the child, not the children's guardian in court proceedings);
• Anyone in whose favour there is a Residence Order/Child Arrangements Order with respect to the child or who has the consent of all those in whose favour a Residence Order/Child Arrangements Order was made;
• Anyone with whom the child has lived for three out of the last five years, ending not more than 3 months before the application;
• Where the child is Looked After, any person who has the consent of that Local Authority;
• An approved Local Authority foster carer or a relative with whom the child has lived for at least one year immediately preceding the application. The term relative includes grandparents, aunts, uncles, siblings and step-parents;
• If the child is neither Looked After by the Local Authority nor the subject of a Child Arrangements Order, anyone who has the consent of all those with Parental Responsibility for the child;
• Those falling outside the above core group need leave of the court to issue an application for a Special Guardianship Order;
• Any other person (including the child and other than a parent) may apply for a Special Guardianship Order if he has obtained the leave of the court to make the application.
  The parents of a child may not apply to become their own child's Special Guardians. 

A person who is, or was at any time within the last 6 months, a local authority foster parent of a child may not apply for leave to apply for an SGO unless (s)he has the consent of the local authority, or (s)he is a relative of the child or the child has lived with him for at least one year preceding the application.

If a Placement Order has already been made in respect of the child, any person will need leave to issue an application.

When considering whether or not to grant leave, the court will apply the statutory test set out in Section 10(9) CA 1989 namely:

• The nature of the application;
• The applicant's connection with the child;
• The risk of disruption caused by the application to the child's life, to the extent that the child would be harmed by it;
• If the child was Looked After by the local authority, its plans for the child; and
• The wishes and feelings of the birth parents.

6. Parental Responsibility and Special Guardianship

The child's parents will continue to hold Parental Responsibility, but their exercise of it will be limited.

The special guardian may overrule any other person with Parental Responsibility. This means the special guardian is responsible for all aspects of caring for the child and for taking decisions to do with their upbringing, subject to the caveats below.

The parents will retain the right to consent or not to the child's adoption.

Certain steps in a child's life require the written consent of everyone with Parental Responsibility or leave of the court:

• The change of surname of the child;
• The removal of the child from the United Kingdom for longer than 3 months;
• The sterilisation of the child.

Because the legal relationship between parent and child is not severed, parents retain financial liability for the child. Where parents have means they may be asked to contribute financially towards the needs of the child. The special guardian does not acquire financial responsibility in legal terms, although they may do so in practice. The special guardian will be able to claim child benefit and child tax credit and/or other relevant benefits.

The Local Authority may provide financial support to the special guardian in addition to any support provided by the parents.

Where there is a dispute about the exercise of Parental Responsibility, for example, regarding medical treatment, the court has the power to make a Child Arrangements Order, for example, a specific issue order, alongside the Special Guardianship Order.

A parent has the right to apply for any Section 8 order, including a Child Arrangements Order, unless the court had directed that there should be no applications to court without leave, in which case a parent would need to first seek leave.

The special guardian may make a Will, appointing a guardian for the child in the event of the special guardian dying before the child reaches adulthood. The person thereby appointed will acquire Parental Responsibility.

7. Notice to the Local Authority

Any person intending to apply for a Special Guardianship Order must give at least 3 months written notice of their intention to the Local Authority:

• In respect of a Looked After Child or a child subject of Care Proceedings, the notice will go to the Local Authority looking after the child, (no matter where the applicant lives);
• In other circumstances, the notice will go to the Local Authority in whose area the applicant resides (even if the child and his family is receiving a social work service from a different Local Authority).

Any person needing leave of the court to issue an application for a Special Guardianship Order, (see Section 5, Who may Apply for a Special Guardianship Order) for information about who needs leave) cannot give notice until that leave has been obtained. Informing the Local Authority of an intention to apply for permission does not trigger the obligation on the part of the Local Authority to prepare a report. In cases where leave of the court is required, once notice is received, the Local Authority may wish to have sight of and retain a copy of the court letter or document which confirms that leave is given. Additional guidance relating to cases where leave is required is contained in the paragraph below.

There is no legal requirement for the notice to contain any information other than the intention to apply for special guardianship, however where possible the applicant should be encouraged to include:

• The name, date of birth and address of the child;
• The name and address of each parent;
• If the child lives with the applicant, the period of residence and whether the child is subject of a Child Arrangements Order;
• The relationship of the child to the applicant;
• Names and ages of all the persons living in the applicant's household.

Following receipt of the notice or, if Care Proceedings are ongoing, following direction of the court, the Local Authority has a duty to investigate and prepare a report for the court, (or arrange for a report to be prepared by a person acting on their behalf). The matters which the report must cover are listed in the regulations. See Appendix B: Special Guardianship Report - Regulation 21.

The exceptions to the requirement for the applicant to give 3 months notice in writing to the Local Authority are:

• Where the court within existing proceedings has granted leave for an application and/or, directs the Local Authority to investigate and prepare a report;
• Where there are ongoing Care Proceedings and the Local Authority becomes aware that special guardianship may be an appropriate outcome and there is an applicant who is willing to be assessed (who may not be party to the proceedings). Legal advice should be sought immediately so as not to delay the commencement of the relevant assessments and if possible to avoid the final hearing being delayed;
• Where leave is given and a Placement Order exists in respect of the child, the 3 months notice period may be reduced to avoid the adoption hearing being delayed.

8. Actions on Receipt of Notification

Where Solihull Children's Social Work Services receives notice of intention to apply for a Special Guardianship Order or a request for a report from the court, unless the child has an allocated worker, the notice/request should be passed to the MASH Team.

In some cases a prospective special guardian will seek a Child Arrangements Order for an interim period while special guardianship enquiries are carried out. However if it is not clear whether a Child Arrangements Order or a Special Guardianship Order is being applied for, a letter should be sent to the prospective applicant seeking clarification and advising that until the Local Authority receives confirmation in writing that a Special Guardianship Order is being sought, the notice period will not be deemed to have commenced.

If the prospective special guardian is not resident in the Solihull area, he/she should be advised by MASH to notify his/her own Local Authority. If either the person giving notice, or the child, previously received a service from Solihull Children's Social Work Services but the case is now closed, a letter should be sent to the relevant Local Authority informing them that the prospective special guardian and/or child previously received a service, so that proper enquiries can be completed by the relevant local authority. See Appendix E: Format for Standard Letters to be sent out on Receipt of Notification.

In all other cases, within 2 working days, MASH will send an Activity on Care First to the relevant team.

MASH will open a referral on the applicants and the child using the special guardianship code. Children's Assessment Team will carry out internal record checks.

Where the prospective special guardian is resident in Solihull, MASH will acknowledge the notification and send written information about special guardianship to the prospective special guardian. This is in the form of a leaflet issued by the relevant government department. The prospective applicant(s) should be provided with a Disclosure and Barring Service form for each member of the household over 18 and asked to gather the required information in readiness for the form to be completed once the case is allocated. If it is not known how many people over 18 are resident in the household, the case responsible social worker will provide further DBS forms as required. Please see Appendix E: Format for Standard Letters to be sent out on Receipt of Notification.

If the child is the subject of Care Proceedings, the notice may reach the allocated worker via legal services. If Care Proceedings have concluded and the child is Looked After, the notice may reach the allocated worker directly from the prospective special guardian. In such cases, the case responsible team has responsibility for following the steps above.

If the special guardian contacts the allocated worker directly in cases where the child is receiving a service, but is not a Looked After Child and the prospective applicant does not reside in Solihull, he/she should be advised by the allocated worker to notify the local authority where he/she is resident. See Appendix F: Format for Standard Letters to be sent out on Receipt of Notification. There should be liaison with the relevant Local Authority by the allocated social worker.

If the person needs leave of the court to issue an application (see Section 5, Who may Apply for a Special Guardianship Order for details of who requires leave) the person should be advised to first seek leave and once leave is granted to provide the Local Authority with written notification. If there are serious concerns about the prospective applicant, the allocated social worker in consultation with their line manager should seek legal advice about writing to the court to explain the concerns, so that the court may take this information into account when considering the application for leave. If leave has already been given and the Local Authority receives written notification and there are serious concerns, legal advice should be sought regarding an approach to the court before commencing any enquiries in relation to preparation of the report. See Section 5, Who may Apply for a Special Guardianship Order and Section 7, Notice to the Local Authority.

9. Special Guardianship Planning Meeting

A meeting to plan the investigation and assessment should be convened by the allocated social worker or their line manager as soon as possible but at least within 10 working days of receipt of notification.

Note: The 3 month period in which to carry out enquiries pursuant to the court report and the assessment for support services and prepare the support plan, runs from the date of receipt of notification.

If Care Proceedings are in progress, in the event of the notice of intention to apply for special guardianship coming direct to the social worker, a copy of the notice should be forwarded to legal services. If special guardianship has been under consideration as a permanence option and appropriate assessments and enquiries have been made or are underway, it may not be necessary to hold a separate meeting.

Note: The existing court timetable will apply. There should be urgent discussion with the allocated solicitor if enquiries and assessment in respect of special guardianship are likely to impact on the court timetable.

The planning meeting should be chaired by the line manager. The meeting should be attended by representatives of any team involved with the family, for example:

• Fostering team if they have previously undertaken an assessment of the prospective applicants and/or if they will be responsible for any part of the enquiries or assessment for support services;
• Adoption team where adoption is the current plan for permanence;
• In respect of the allocated solicitor where Care Proceedings are in progress or there have been recent Care Proceedings or legal issues are present or appear likely, for example, if a Legal Planning Meeting (see Legal Gateway/Planning Meetings Procedure) has been held recently, there should be discussion with the solicitor about whether legal attendance is required. It may be possible to seek legal advice about a particular issue prior to the meeting or seek legal advice after the meeting about issues arising.

The agenda is contained at Appendix A: Agenda for Special Guardianship Meeting. The meeting should identify the steps to be taken and timescales for the plan.

A minute taker should be identified. A copy of the minutes should be sent to the solicitor where appropriate, and to any other Local Authority professional involved in the enquiries. After the meeting, the chair should write to the applicants and the birth parents to identify the social worker(s) who will be making the enquiries, the steps that will be taken to prepare the report and to supply information about special guardian support and how the applicants may obtain an assessment for support services. The format of this letter may need to be varied depending on the circumstances of the case. Please see template at Appendix G: Format for Standard Letter to be sent out after Planning Meeting.

10. Case Responsibility

Where the applicant is a Connected Person foster carer or an approved Local Authority foster carer (and the child is Looked After by Solihull) or where a fostering team social worker has previously undertaken or is in process of undertaking an assessment of the applicant, investigation into the suitability of the prospective special guardian and preparation of the relevant sections of the report will be the responsibility of the fostering team social worker. The child's allocated social worker or social worker allocated to the task within the child care team, will carry out enquiries in respect of the child and the birth family and remain case responsible for matters relating to the application.

Where the prospective special guardian is not known to the fostering team and resides in Solihull and the child is receiving a service or received a service up to 2 years ago, the child's allocated social worker or social worker allocated to the task within the child care team, will carry out enquiries in respect of the child and the birth family and remain case responsible for matters relating to the application. Investigation into the suitability of the prospective special guardian and preparation of the relevant sections of the report will be the responsibility of the fostering team social worker. However, there may be circumstances, for example, knowledge of the prospective special guardian, where the allocated social worker for the child is best placed to carry out the entire assessment and this will be negotiated between the team managers.

11. Investigation, Enquiries and Preparation of Report to Court

On receiving written 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 prospective special guardian, such matters which are prescribed in the regulations and any other matter which the Local Authority considers to be relevant. The report and all enquiries and assessment should be completed within 3 months as the applicant is then entitled to apply to the court for an order and the court will set a date for the filing of the report and identify a hearing date on that basis.

In all cases the family should be asked if they are requesting an assessment for support services. If an assessment is to be carried out, it will proceed alongside the enquiries for the purpose of preparing the court report.

Note: If the prospective special guardian expresses no desire for support, the social worker(s) should consider whether the proposed arrangements seem feasible without support.

Any plan for support services will be approved by the relevant child care team manager. Where the support services plan contains a financial component, approval must also be sought from the relevant Head of Service.

However, due to the requirement that special guardians have 28 days to make representation following a decision about the support services plan, the draft plan should be ready in advance of the process for approval.

Enquiries should be planned in such a way as to meet the requirements of the special guardianship report. The child's welfare is the court's paramount consideration and the court will have regard to the welfare checklist (please see Appendix D: The Welfare Checklist).

A summary of information to be included in the report is as follows:

1. Information about the child who is the subject of the application, including history, health, education and emotional needs and family relationships;
2. The extent of the child's contact with his relatives and any other person the local authority consider relevant including any harm the child has suffered and any risk of future harm to the child posed by the child's parents, relatives or any other person the local authority consider relevant;
3. Information about the child's family, including background history, employment, education, health, (physical and mental) and family relationships;
4. The wishes and feelings of the child and others;
5. Information about the prospective special guardian including the outcome of the DBS and Local Authority checks on the applicant and other members of the household, background history, health, education, employment, parenting capacity and experience, support systems in place and needed, relationship with the child and family, any contingency care arrangements that may be necessary and finances. Also a report of interviews with referees;
6. An assessment of the prospective Special Guardian's current and past relationship with the child;
7. An assessment of the prospective Special Guardian's parenting capacity including:
   1. 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;
   2. 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;
   3. Their ability and suitability to bring up the child until the child reaches the age of eighteen.
8. Information about the Local Authority that compiled the report and the actions of the Local Authority;
9. A summary of health matters prepared by a medical professional;
10. The implications of the making of a Special Guardianship Order for those involved;
11. Comment on any of the information contained in the report;
12. An analysis of the relative merits of special guardianship and other orders;
13. The proposed contact arrangements and the support needs of the child, parents and the prospective special guardian;
14. Any other matters which the Local Authority considers to be relevant.

N.B. The above list is a summary and is not the format for the report. Please refer to Appendix B: Special Guardianship Report - Regulation 21for a full list of matters to be included in the court report. For example a photo of the child and the applicants is required and of the birth parents where possible. All sections of the report must be completed. If any are not applicable, this should be stated. All wording from the report format in the Schedule should be in full. If there are other matters which are relevant but which do not coincide with the headings set out in the special guardianship regulations, the social worker should include these under a heading k) Additional Information, or seek to incorporate them under a related heading rather than not supplying information to the court. However, except as described above, the report format cannot be changed.

Note: If Care Proceedings are in progress and the bulk of the information required for the report is contained in documents already before the court, for example a fostering assessment, it is not necessary to duplicate information for the purposes of the special guardianship report. Missing information should be gathered and provided in the usual special guardianship report format. Relevant information already filed with the court should be cross referenced under each heading, by identifying the full name of the document, specifying where in the document the information is located and in complex cases with a number of court files, where in the papers the document is filed. Always check with the allocated solicitor in case there are specific directions or expectations that need to be taken into account. It is anticipated that forms specifically for this situation will in future be available to assist the social worker. Where Form C has already been used for a Regulation 24 Connected persons' assessment this should be updated for the SGO assessment to avoid duplication.

Once the DBS forms are completed, they need to be checked and supporting evidence verified before they are sent off. This can be done by the assessing social worker or the fostering service Administration Team. If any member of the household refuses to consent to DBS checks, the social worker should point out that the Local Authority will not recommend any person as suitable if they or a member of the household is without a DBS check.

The person carrying out the enquiries and preparing the report should be suitably qualified and experienced. If the report is written by a social worker with less than 3 years experience in child care social work including permanence planning, the report should be countersigned by the line manager with the necessary experience who has supervised the social worker.

The safety of the child is of paramount concern and the social worker should adopt an objective and inquiring approach. It may be helpful to use the 'Signs of Safety' format for this purpose.

All members of the household should be interviewed. If possible each adult should be seen separately and alone to allow them to share any information which may not be known to other members of the household. As well as seeing the child or children who are the subjects of the application, to elicit their views and feelings about the proposed arrangements, the social worker should also consider whether to see any children of the household alone, to talk about their views about the proposed arrangements.

Workers should not rely on information provided via self report without independent verification. Except where a full assessment has already been completed as with applicants who are approved foster carers, all information, including information about the applicant's background and parenting history should be evaluated and accuracy and consistency should be checked, for example by writing where possible to former partners where they have parented together or jointly cared for a child and writing to employers to confirm dates of employment and the applicant's role and whether there have been any disputes or disciplinary proceedings. If the applicant has children and they are attending school, the school should be contacted and asked if they have any relevant information for example regarding the applicant's support to his or her own children and any comments about the child's relationship with his/her parent.

The regulations refer to a lifelong permanent relationship between the child and the carer and the prospective special guardian should be considered able to meet the child's needs at the time of the order being made and in the future. A special guardian has the right under Section 5(4) CA 1989, to make a Will appointing a guardian for the child in the event of the special guardian dying before the child reaches adulthood. This person would then become the child's guardian and hold parental responsibility. Given that parents retain parental responsibility when a special guardianship order is made, social workers should draw this issue to the attention of the applicant. Although there is no legal requirement to do so, the social worker should advise that once the order is made the special guardian should give serious consideration to making a Will and ensure that the person identified as a guardian is aware of the potential responsibilities.

Where Care Proceedings are ongoing, there should be an assumption that the report will be disclosed in full to parties and the special guardian should be informed of this. In private law proceedings the court may also direct the local authority to file and serve the report in full. Please see Section 13, Filing of Report for information regarding the management of information with the potential to undermine the placement or compromise safeguarding if shared with certain parties.

Please note that information regarding the investigation and decision making process, including arrangements for supervision, may be requested by the court during oral evidence or during cross examination.

As well as considering whether to make a Child Arrangements Order or vary any existing Section 8 order, the court may also give leave for a child to be known by a new surname. The report must therefore address these issues where they are relevant.

References

The applicants should be asked to identify 5 referees who can comment on as much of their adult life as possible. The social worker should contact a minimum of 3. The regulations do not specify who is suitable to provide a reference in an application for special guardianship, but the following guidelines should be followed and it is suggested that difficulty in meeting these requirements would justify comment in the court report:

• No more than one of the referees should be a relative;
• A referee should know the applicant in a personal capacity rather than just as a work colleague;
• A referee should have known the applicant for at least 2 years;
• If a couple is applying then at least 2 referees should know them as a couple and be able to comment on their relationship.

There is a letter template (Appendix C: Format for Standard Letter to Referee) to send out to referees, who should be made aware that the court report, including the section on referees, is normally shared with the parties.

The social worker will interview the selected referees and ascertain their views about the applicant's ability to care for the child in question. After the interview the social worker should write to each referee with a summary of their views and comments. The referee should be invited to sign the summary as a true record and add comments as necessary, for example if there has been a misunderstanding or omission. In preparing the referee section for the report, the social worker should be careful to differentiate between professional opinion and the opinion, views and observations of the referee.

If a referee raises serious concerns about the suitability of the applicant, the assessing social worker should seek their explicit consent to discuss this with the applicant and to disclose the source of the information. If this consent is not given, the worker must report this immediately to the line manager, as it may be necessary to seek legal advice.

Health and safety assessment of the home

The assessing social worker will assess the physical environment of the applicant's home including the space available, with relevance to the age and stage of development of the child. The social worker should identify the need for any additional resources.

Pets

If there are pets in the household, and the assessing social worker has concerns about the implications for the child, these should be discussed with the applicant and the applicant should be invited to produce information to balance the concerns. The applicant will normally be responsible for the cost of any vet's assessment if this is thought to be necessary.

12. Medical Report

A health assessment is required for both the applicants and the child. The applicant's health assessment should be recorded on CoramBAAF form AH and the child's on CoramBAAF form 1HA-C (if the child is less than 10 years) or form 1HA-YP (if the child is aged 10 or more). Health information relating to the parents should be obtained by the child's social worker.

Following the special guardianship planning meeting, the allocated social worker should provide the designated community paediatrician with the necessary information using the format of the template found at Appendix J: Letter Enclosing Proposed Special Guardian Support Plan.

The designated community paediatrician is responsible for providing Section 6 of the court report. This is:

• "A summary prepared by the medical professional who provided the information referred to in paragraphs 1(l) and 4(k)" (of the report);
• 1(l) is in respect of the child and requires:
• "A health history and a description of the state of the child's health which shall include any treatment the child is receiving";
• 4(k) is in respect of the prospective special guardian and requires:
• "A health history of the prospective special guardian including details of any serious physical or mental illness; any hereditary disease or disorder or disability";
• In addition, 2(j) (i) requires the report writer to provide where available, in respect of each parent:
• "a health history, including details of any serious physical or mental illness, any hereditary disease or disorder or disability";
• It is implicit that the medical professional providing the summary will need to comment on the information relating to parents.

If the child is Looked After, the designated community paediatrician is responsible for routine health assessments and should have relevant information in respect of the child's health, health history and any current treatment. However, if the social worker is aware of any new and recent information about the child's health or the health of immediate family members, this should be immediately communicated along with details of any doctor or specialist. A health assessment for the purpose of the special guardianship report should be co-ordinated if possible with the existing planned LAC health assessment. If a permanence medical has been carried out and is up to date, this will be used for the purpose of the court report.

If the child is not Looked After, but is receiving a service from Solihull Children's Social Work Services, the designated community paediatrician, in consultation with the social worker, will decide if it is necessary for the child to be seen or whether there is an appropriate health professional who knows the child and who can provide a report. The social worker should advise the designated community paediatrician of any likely deviation from the 3 month time scale (from notification). The social worker should forward a CoramBAAF medical consent form and a CoramBAAF form IHA-C or IHA-YP, of which Part A should be completed by the social worker, also Part B where applicable, to the designated community paediatrician or to any other health professional who is to provide a report.

Obstetric and neonatal information is required for all children. Where the GP is completing the health report, s/he should already have relevant records. If this is not the case, the social worker should send forms M and B for completion as soon as possible as per adoption procedures.

If the application has been encouraged or supported by Solihull Children's Social Work Services for example if it is identified as an alternative to Care Proceedings or to avoid accommodation or as part of the plan to safeguard the child, the prospective special guardian should be provided with a medical claim form (SS3) to take to their GP for completion along with the CoramBAAF Adult Health Report Form AH. In other cases, the prospective special guardian will be responsible for any charge for the service. However if the prospective special guardian is unable to meet any costs associated with the health assessment there should be consultation with the line manager regarding assistance from the Local Authority.

In respect of the birth family, the health history of each parent including details of any serious physical and mental illness, any hereditary disease or disorder or disability, should be included in the report and sent to the designated community paediatrician. If this information is not already known the social worker should make specific enquiries of the birth family.

The designated community paediatrician or other health professional will send the signed health summary to the social worker for filing with the rest of the court report.

The social worker should make reference to the health history in paragraphs 1(l) and 4(k) when completing the main report and should also complete 2(j)(i).

13. Filing of Report

The draft court report should be amended and/or extended as necessary (in particular see comments in paragraphs below regarding confidentiality) following the approval process and the front sheet attached as at Appendix B: Special Guardianship Report - Regulation 21 ensuring that the correct court is identified.

A report must be filed with the court whether or not the Local Authority supports the application.

If Care Proceedings are ongoing, there will normally be a direction to file and serve the report and the plan for support services. The report and plan should be sent to legal services in good time for checking and filing with the court. In Care Proceedings it is assumed the full report will be served on the parties. The author of the report should liaise with the allocated solicitor regarding information which, if shared with other parties, might adversely affect the safety or security of the placement. This may, for example, include certain financial information or details of the health history of the applicant. The solicitor may need to seek directions from the court or it may be agreed that full details of the sensitive information are not required for the purposes of the court report. Please see below for similar issues arising within the support plan.

In private law proceedings, following receipt of the application from the prospective special guardian, the court will usually write to the Local Authority directing that the report be filed within a given timescale. Or, the court may contact the Local Authority to request a proposed date for filing of the report. Where the social worker is aware that the application has been made and the report is ready, the report should be filed with the court. The court will set a date for a Directions Hearing. In uncontested cases, the order may be made at this hearing.

In private law proceedings 2 copies of the report should be sent to the court office using the address contained on correspondence from the court. A covering letter should be sent with the report so that the court administration team has contact details of the social work team. A template letter can be found at Appendix L: Format for Covering Letter to accompany Court Report.

In private law proceedings the report should not be disclosed to the parties by the Local Authority without direction from the court. The court must consider whether to give a direction that the report should be disclosed and before giving such a direction, it must consider whether any information should be deleted. Careful thought should be given by the Local Authority to any information which if read by the birth parents, could jeopardise the security of the placement and whether it is essential that this information is contained in the report. If it is thought to be essential to include the information, then the relevant section(s) should be identified and the concerns about disclosure explained in the covering letter to the court (please see Appendix L: Format for Covering Letter to accompany Court Report). In most cases there will be a direction from the court to serve the report on the parties at the same time as the court directs the filing of the report. If there is no such direction, and there are no concerns about full disclosure, the local authority can use the relevant section of the letter to the court (see Appendix L: Format for Covering Letter to accompany Court Report).

The court will disclose the report to a CAFCASS officer, if appointed.

In the event of difficulties arising which impact on the report being ready in time, for example delayed DBS checks, the allocated social worker in consultation with the line manager should immediately inform the solicitor if the case is in Care Proceedings. In private law proceedings the social worker in consultation with the line manager and court liaison officer, should consider an approach to the applicants to suggest a delay in their making an application.

In private law proceedings if the application has already having been made or the applicant does not agree to delay the application, the social worker should in consultation with the line manager and court liaison officer inform the court at the earliest opportunity of the reasons for the delay, give a time scale for completion of the report and apply for an extension of the filing date. The cost and time involved in rescheduling court hearings may thereby be avoided.

It is assumed that in most cases it will be possible to comply with the time scale of 3 months.

14. Attendance at Court

The author of the report and the relevant manager should attend court for the hearing when special guardianship is being considered unless the court directs otherwise. If the case is contested the social worker will almost certainly be required to give evidence. The Local Authority is not legally represented (unless Care Proceedings are ongoing).

15. Actions Following the Making of a Special Guardianship Order

The new status of the child and the special guardian(s) will be recorded on Care First and on the significant events screen on Care First.

In respect of Looked After Children, the Independent Reviewing Officer should be informed and other involved professionals should be informed in writing (using Notification of Change form).

A copy of the order will be kept on the child's file and the applicant's file.

If the case is to be transferred, e.g. to the team covering the area where the special guardian resides, any transfer protocol should be followed.

If needed, a date will be set for review of the support services plan. Any financial support will be reviewed annually.

16. Leaving Care Provision

Children who were Looked After by a Local Authority immediately before the making of a Special Guardianship Order may qualify for advice and assistance under the Children Act 1989 as amended by the Children (Leaving Care) Act 2000 and the Adoption and Children Act 2002. to qualify 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 or above have had a Special Guardianship Order in force when they reached the age of 18;
• Have been Looked After by the Local Authority before the making of the Special Guardianship Order.

The relevant Local Authority should make arrangements for children who meet the criteria to receive advice and assistance in the same way as for any other child who qualifies for advice and assistance under the above legislation.

Regulation 22 provides that, for the purpose of providing advice and assistance, the relevant authority shall be the Local Authority which last looked after the young person. However if the young person lives outside the area, it may be more appropriate for the young person to seek support locally.

17. Discharge of Special Guardianship Order

A special guardianship order can be varied or discharged on the application of:

• The special guardian;
• The Local Authority in whose name a Care Order was in force with respect to the child before the Special Guardianship Order was made;
• Anyone with a Child Arrangements Order in respect of the child before the Special Guardianship Order was made; or

With the leave of the court:

• The child's parents or guardian;
• Any step-parent who had Parental Responsibility for the child immediately before the Special Guardianship Order was made;
• The child (if the court is satisfied the child has sufficient understanding).

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.

If a question arises during any family proceedings about the welfare of a child who is subject to a Special Guardianship Order the court may vary or discharge the Special Guardianship Order, even though no application has been made.

If the Local Authority considers the discharge of a Special Guardianship Order is necessary, legal advice should be sought and a Legal Planning Meeting must be convened.

18. Special Guardianship Support Services

The Local Authority must make provision for a range of special guardianship support services which include:

• Financial support (means tested) for the special guardian - (approval is by Team Manager and Head of Service in line with financial support policy and procedures). This may be by means of a weekly allowance for recurring special costs, e.g. for childcare or a one-off payment, e.g. for setting up the placement;
• Services to enable children, special guardians and parents to discuss matters relating to the arrangements for the child;
• Assistance with the arrangements for contact between the child and relatives and significant others. This assistance can include:
  • Cash to help with the costs of contact (travel, entertainment) - this is not means tested; and
  • Mediation to help resolve difficulties that may arise in relation to contact.
• Therapeutic services for the child;
• Assistance to support the relationship between the child and the special guardian, including training to meet any special needs of the child, respite care and mediation. Special guardians will be able to access relevant groups;
• Counselling, advice and information.

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.

Note: Support services should not be seen in isolation from mainstream services and it is important to ensure families are assisted to access mainstream support.

Where the child was previously Looked After, the Local Authority that looked after the child is responsible for providing support for the first 3 years after the making of a Special Guardianship Order. Thereafter, responsibility for assessing and providing support lies with the Local Authority where the special guardian lives. However, note that ongoing financial support remains the responsibility of the original authority.

Where the child is not Looked After, the Local Authority where the special guardian lives has responsibility for special guardianship support.

19. Entitlement to Assessment for Special Guardianship Support

See Policy and Procedure on Financial Support for SGO, Residence and Child Arrangements and Adoption Orders to the allowances policy and also SGO support template in templates in the Documents Library.

Where the child is Looked After or was looked after immediately prior to the making of a Special Guardianship Order, the following people must receive an assessment on their request (or on a request on behalf of the child).

• The child;
• The special guardian or prospective special guardian;
• A parent (but only in respect of their need for support with contact and/or discussion groups.

Where the child is not Looked After or was not Looked After immediately prior to the making of a Special Guardianship Order, the following people may be offered an assessment if they make a written request or, on their request on behalf of the child:

• The child;
• The special guardian or prospective special guardian;
• The parent (with respect to support for contact and/or discussion groups).

Whether the child is Looked After or not, the following people may be offered an assessment if they make a written request or, on their request on behalf of the child:

• A child of the special guardian;
• Any person with a significant ongoing relationship with the child.

Where Care Proceedings are ongoing, an assessment for special guardianship support will be dependent on what is directed or agreed at court with the parties and in discussion with the allocated solicitor.

If it is decided not to assess in discretionary cases, the social worker must notify the decision in writing, stating the reasons, to the person making the request. The person should be allowed up to 28 days to make representations before a final decision is made about whether to carry out an assessment.

Where it is apparent there is an urgent need for special guardianship support services, the team manager may agree the provision of service before an assessment is completed.

In addition to the support provided by local authorities the Adoption Support Fund in England also covers therapeutic support for children, living in England, who were previously in care immediately before the making of a Special Guardianship Order.

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

20. Assessment for Special Guardianship Support Services

The assessment should draw any work already completed for the special guardianship report. If the request relates to a specific service, the line manager may instruct that the assessment focus solely on the need for that particular service. Other agencies should be consulted if it appears their services are required.

Where the child is in the care of the prospective special guardian and is looked after by the Local Authority and where the fostering team has carried out the assessment regarding suitability of the prospective special guardian, the child's social worker and the fostering team worker should carry out the assessment jointly.

In all other cases, the social worker allocated to complete the court report will also carry out the assessment. The social worker should interview the person whose need for special guardian support services is being assessed as well as any other relevant person.

The child's social worker in consultation with the social worker from the fostering team if involved, should prepare a written report of the assessment. The social worker(s) and the line manager from the children's team will consider the report and decide:

• Whether the person needs special guardian support services, if so:
  • Whether these services should be provided;
  • Whether the services are limited to advice and information;
  • Whether the services should be provided on a single occasion or more than one occasion.

If Care Proceedings are ongoing it is anticipated that a special guardianship support plan will be provided even where no specific special guardian support is requested, identifying resources available and signposting to universal services where appropriate. The solicitor should be informed of the outcome of the discussion as soon as possible.

In all cases, the special guardian support plan should be agreed by the Head of Service.

If the assessment concludes there is no need for special guardian support services or if a single service is being provided the social worker will inform the person in writing, (a plan not being necessary).

If it is decided not to assess in discretionary cases or if a need for a service is identified but the team decides that it will not provide the service, the social worker must notify the decision in writing, stating the reasons, to the person making the request. The person should be allowed up to 28 days to make representations before a final decision is made about whether to carry out an assessment or to provide the service.

21. The Special Guardianship Support Plan

Content of the plan following the format found in Appendix I: Format for Special Guardianship Support Plan should include the following:

• The proposed plan including information about the outcome of the assessment and reasons;
• In respect of financial support, the basis on which this is determined and the amount, details of payment and conditions attached (see Special Guardianship, Residence Order and Adoption Allowance Policy (Documents Library);
• The services that the Local Authority proposes to provide and the timescales for same;
• Arrangements for review;
• The name of the person nominated to monitor provision of services;
• The person to whom the assessment applies should be sign-posted to sources of independent advice and advocacy where this is requested.

The Special Guardianship Support Plan may be appended to the court report however a summary of support services is required at Section 5d of the court report and it may be sufficient to summarise the support plan within that section rather than append the full plan to the court report. In Care Proceedings this should be discussed with the allocated solicitor prior to final preparation of the documents for filing.

The format of the support plan document is not prescribed by law. Because it is used at different stages in the process, it should be dated and there should be sufficient detail on the front sheet to identify the status of the document.

For example:

• Proposed Special Guardianship Support Plan for consideration by Head of Service;
• Final Agreed Special Guardianship Support Plan.

The social worker responsible for the assessment for support services must notify the special guardian and any other relevant person in writing of what has been agreed and enclose a copy of the Special Guardianship Support Plan. Up to 28 days should be allowed for representation by those to whom it applies before a final decision is made.

After 28 days, any representation should be considered by Head of Service or other designated manager, and a decision made as to whether to amend the plan. A final decision cannot be made until the person concerned has made representation or has notified the authority that s/he is satisfied with the proposed decision and where applicable, the draft plan, or the 28 day period for allowing representation has expired.

The social worker must then write to the person concerned and enclose the final Special Guardianship Support Plan.

22. Financial Support

See Add Text hereSpecial Guardianship, Residence Order and Adoption Allowance Policy.

23. Agency Decision-Making Process

See Permanence Planning Guidance for the decision making process.

Children who are not Looked After and who are not subject of Care Proceedings.

A second planning meeting should be convened and chaired by the line manager. This meeting will review progress and consider the permanence plan. Copies of the draft support plan and the draft report should be available if possible, in advance of the meeting. Attendees should include the allocated worker(s) and any other involved worker from Solihull Children's Social Work Services. The meeting should be minuted.

If legal advice is required this should be sought in advance of the meeting. Discussion should take place as to whether it is necessary for a solicitor to attend.

The draft court report and the proposed plan for support services will be passed to the team manager of the relevant children's team for consideration.

The team manager will advise the social worker of any recommendation or variation from the proposals.

When all documentation is finalised, it should be passed to the Head of Service for the final decision regarding approval before the report is filed at court.

24. Retention of Records

If the child was previously a Looked After Child, any records relating to special guardianship or special guardian support services should be added to the child's file as well as being placed on the special guardian's file and retained as for all looked after children.

If the child was not previously a Looked After Child, any records relating to the assessment of the prospective special guardian, the assessment for support services and financial support should be placed on the special guardian's file as well as the child's file and retained as per file retention procedures in respect of the services provided.

25. Complaints

The special guardianship regulations provided that the following functions may be subject of representation or complaint:

• Financial support;
• Support services.

Other statutory functions may be subject of representation or complaint under s26 (3) of the Children Act. For full details please refer to the complaints procedures.

Appendices

Appendix A: Agenda for Special Guardianship Meeting

Appendix B: Special Guardianship Report - Regulation 21

Appendix C: Format for Standard Letter to Referee

Appendix D: The Welfare Checklist

Appendix E&F: Format for Standard Letters to be sent out on Receipt of Notification

Appendix G: Format for Standard Letter to be sent out after Planning Meeting

Appendix I: Format for Special Guardianship Support Plan

Appendix J: Letter Enclosing Proposed Special Guardian Support Plan

Appendix K: Information for Designated Community Paediatrician

Appendix L: Format for Covering Letter to accompany Court Report

Appendix M: Pathway approach to decision-making one-off payments and loans to foster carers, and order holders (Special Guardianship, Residence, Adoption) – and reviewing and tracking repayments

The templates for Appendices including letters, reports and the support plan are available as word documents.
Forms and leaflets are available either to download from the document library.