1. Applications
Who may apply ?
- any guardian of the child
- a local authority foster carer with whom the child has lived for one year immediately preceding the application.
- anyone who holds a residence order with respect to the child,or has the consent of all those in whose favour a residence order is in force.
- anyone with whom the child has lived for three of the last five years
- where a child is in the care of a 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 who has leave of the of the court to apply
An order may also be made in any family proceedings concerning the welfare of the child.
Anyone wishing to apply for Special Guardianship must give three months written notice to the local authority. The receipt of this notice of an application or a request from the courts requires the local authority to investigate and prepare a report on the suitability of the applicants.
Who will prepare the report?
Where this does not involve a child who is looked after then the report will be prepared by a social worker from the Family Placement Team. Where a child is looked after then it will be a joint report between the District Social Worker and the Fostering Support Worker. The social worker from the Family Placement Team will be responsible for finalising the report to ensure the quality of the carer assessment meets departmental standards
Reports have to be completed as set out in regulation 21 and the schedule (Special Guardianship Guidance DFES 2005)
2. How to decide on a Special Guardianship order for Children looked After.
The decision for a permanent placement should be made by the Social Worker and Team Manager following a core assessment. (Permanence Policy 2002). In deciding which form of permanence is suitable they should consult Appendix 1 checklist of the Permanence Policy 2002. An exhaustive dialogue with the extended family must have occurred - including Family Group Conferences to find alternative solutions within the family.
Where there is a plan for a Special Guardianship order where there are no substantial resource commitment then this can be agreed in the District by the Service Manager. Assistance with small single payments such as a contribution to Legal Fees will be met from the District's budget.
Where there are substantial resources committed by the plan then it has to be referred to the Access to Resources who can reject it or recommend it to the Head of Service for his approval. This would include all cases requiring periodic or substantial one off payments. These will be resourced from the placement budget.
Where children and young people are in foster care and their Foster Carers wish to apply for Special Guardianship then the above process would be followed. If the Department agreed to the application the following financial support may apply
- For two years from the date of the order they could receive the fostering allowance they received prior to order being granted including any enhancements, reward element and increases(apply to all foster carers including those from Independent Foster Care Providers).
- On the second anniversary of the order being made they would receive a weekly sum up to the age related boarding out rate less festival allowances, child benefit and any other benefits they are entitled to for the child. This would be means tested using the same scheme as that used for Adoption allowances.
- Where the Access to Resources panel feel that the needs of the child require additional payments they can either recommend additional payments or review the need to means test the allowance.
These arrangements will be reviewed in October 2007 and maybe subject to change in future years.
3. Special Guardianship orders where children are not looked after
The Department would not normally expect to provide periodic payments for children who are subject to Special Guardianship Orders and were not previously in care.
The Department may make payments to
- allow the special guardians or prospective special guardian to care for the child.
- allow care where the child needs special care which requires greater expenditure of resources than would otherwise be the case. These would be conditions which are long term and serious.
- where appropriate, to contribute to any legal costs
- where appropriate , make a contribution to the expenditure to necessary for the purposes of accommodating and maintaining the child.
These are outlined in Regulation 6 of the guidance (Special Guardianship Guidance DFES 2005)
These would only be considered where it was clear and evidenced that the only alternative would be for the child to become looked after.
Where there are resources committed by the plan then it has to be referred to the Access to Resources who can reject it or recommend it to the Head of Service for his approval. This would include all cases requiring periodic or substantial one off payments. These will be resourced from the placement budget.
Periodic payments could be made at a maximum of a weekly sum up to the age related boarding out rate less festival allowances, child benefit and any other benefits they are entitled to for the child. This would be means tested using the same scheme as that used for Adoption allowances. The rate will be agreed at the discretion of the panel . Special guardians and potential guardians would be expected to maximise the benefits entitlements for caring for the child which would be deducted from any payment.
Where the Access to Resources panel feel that the needs of the child require additional payments they can either recommend additional payments or review the need to means test the allowance.
These arrangements will be reviewed in October 2007 and maybe subject to change in future years.
A.S.Male
Service Manager, Commissioning