5.2.1 Applications for Special Guardianship |
SCOPE OF THIS CHAPTER
A Special Guardianship Order was introduced by the Adoption and Children Act 2002 and came into force on the 30th December 2005.
This order provides another option for legal permanence for children who cannot grow up with their birth parents or birth families. This chapter sets out how the Department will fulfil its obligations and responsibilities in relation to planning for children for whom special guardianship may be a option; the assessment of proposed special guardianship arrangements and the provision of support services, including financial support, too children on special guardianship order, special guardians and birth family members affected by special guardianship arrangements.
This Policy will apply whenever Special Guardianship is being considered for Looked After Children and young people for whom the Department is responsible; where the Department is involved with children and young people in public law proceedings; upon the request from a Court to investigate and prepare a report on the suitability of the applicant to be a special guardian; and where a child subject to a Special Guardianship Order, their special guardian(s) or birth parent(s) requests an assessment for special guardianship services
This chapter should be read in conjunction with:
Contents
1. Introduction
A Special Guardianship Order gives the special guardian legal Parental Responsibility for the child which is expected to last until the child is 18. The Order does not remove parental responsibility from the child's birth parents; however, birth parents retain only extremely limited ability to exercise parental responsibility. The Act inserts new sections into the Children Act 1989 and modifies some of its existing sections including Section 14.
Special guardianship like adoption and residence orders are not just placement arrangements, but are also legal arrangements through which parental responsibility is either transferred to the new family wholly or to a substantial degree. Therefore, the Department will always consider whether special guardianship, adoption or a Residence Order is in the best interests of a child before supporting such any plan for permanent placement through special guardianship. Also see Permanence Planning Guidance and Procedure.
The policy sets out how the Department will fulfil its obligations and responsibilities in relation to planning for children for whom special guardianship may be option; the assessment of proposed special guardianship arrangements and the provision of support services, including financial support, to children on Special Guardianship Order, special guardians and birth family members affected by special guardianship arrangements. In particular the Department will ensure that special guardianship work and special guardianship support services will be delivered alongside its mainstream services and those of partner agencies.
2. Position Statement and Guiding Principles
Children, young people, their parents and guardians are entitled to services which promote the welfare of children, support families and treat all parties fairly, openly and with respect.
Services will be planned and provided in collaboration with other relevant agencies and service user organisations where this is appropriate.
The London Borough of Bromley's (LBB) Special Guardianship services will operate in accordance with the following principles:
- A child's welfare is the paramount consideration. The needs and wishes, welfare and safety of the child are at the centre of all the work in relation to Special Guardianship.
- Every effort will be made to support families to provide a stable and permanent home for a child through the provision of support services, which take into account the individual needs of the children and adults within the family.
- Achieving stability in placements for children will be a key consideration of the council where it considers the relative merits of special guardianship for a child.
- Anti-discriminatory and equal opportunity practice will be considered in relation to both the assessments for special guardianship and the provision of our support services. Issues of race, culture, language, religion, disability, sexuality, gender and class will be taken into account in decision-making processes.
- Working in partnership with families and other agencies is vital to achieving successful outcomes for children subject to Special Guardianship Orders.
- The preservation of relationships between a child and their special guardian/s and the reducing of the risk of disruption is a major aim of the work of the Special Guardianship Support Service.
- Special Guardianship is one of the legal and permanency planning routes to achieving permanence and any planning in relation to special guardianship must be based on the child remaining with their guardian until the child reaches adulthood.
- In planning permanent placements the least intrusive legal arrangement will always be considered first. See Children Act 1989 Section 1.5
- As such children and guardians may require lifelong support from a variety of sources. Services will be provided that can respond to different needs over time for children, guardians and parents.
- Staff providing special guardianship assessments and support services will be suitably qualified, trained, experienced and supported.
- Service users will be provided with appropriate information to ensure they understand the way LBB and partner agency services operate.
- Children, guardians and parents who are in receipt of services, either through an assessment or a provision of service, will be consulted about processes and decisions that will affect them.
- Feedback from children, guardians and parents who come into contact with LBB's Special Guardianship service will be sought as a way of ensuring our services are of a high quality and remedial action will be taken where this is required as a result of feedback received.
- Our service users will be informed about how they can make appeals or representations about assessments or decision-making processes and how to make use of formal complaints procedure if they wish to do so.
3. Background
Research in relation to adoption and outcomes for children in care over the past decade has indicated that there is a significant group of children, who need a sense of stability and security but for whom adoption is not appropriate.
Historically those children have remained Looked After with their care provided by permanent foster carers.
In this situation the Local Authority is able to exercise Parental Responsibility:
- To the exclusion of birth parent/s where a child is subject to a Section 31 Care Order (Children Act 1989)
- Shared with parents where a child is Accommodated under Section 20 (Children Act 1989).
Research evidence shows that outcomes for children who remain Looked After is often far less positive than for those whose permanence has been secured by way of adoption.
This led to the government acknowledging that there was a need for an alternative legal status for children that offered greater security than a continued Looked After status but without the absolute legal severance from their birth family. (Adoption: A New Approach 2000).
Special Guardianship is therefore an alternative legal status that can offer greater security for children and their carers, without absolute severance from the birth family as in adoption.
For looked after children, a Special Guardianship Order will replace a Care Order and the Local Authority will no longer have parental responsibility.
It is likely that there will be applications made for special guardianship by carers who are currently approved as foster carers of looked after children.
Some family members, whilst prepared to care for a child on a long-term basis, may be reluctant to adopt the child from a relative. Special Guardianship may be a preferred option for them.
There are some older children, who do not wish to make the absolute legal break with their birth family that is associated with adoption.
Some minority ethnic communities have religious and cultural difficulties with adoption as it is set out in law.
Unaccompanied asylum seeking children may also need secure, permanent homes, but still have strong attachments to their families abroad.
Whilst the vast majority of applications made to courts will relate to children known to a Local Authority, some applications may be made in respect of children that are not known to us. Examples might be:
- Where a court has requested that a Local Authority carry out an assessment when considering an application for a Residence Order in private proceedings (note however that a special guardian can not be a parent of a child).
- Where a person who currently has a Residence Order in relation to a child, decides to make an application to become a child's special guardian.
4. The Legal Framework
Introduction
A Special Guardianship Order (SGO) is an order appointing a person or persons to be a child's Special Guardian.
The Adoption and Children Act 2002 provides the legal framework for Special Guardianship under the Children Act 1989. Section 115(1) of the 2002 Act inserts new sections 14A -F into the Children Act 1989. The new sections provide 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.
Further details are set out in the Special Guardianship Regulations 2005, which was supported by guidance issued by the Department for Education and Skills under the Children Act 1989.
Practitioners who would like to access any of the legislation, regulations or guidance documents in relation to Special Guardianship can do so by visiting the following web sites:
Department for Education website
4.1 Who can Apply for a Special Guardianship Order?
Applications may be made by an individual or jointly and by two or more people.
Joint applicants do not need to be married.
Applicants must be aged 18 or over.
A parent of a child may not become that child's special guardian.
A court may make a SGO in respect of a child on the application of:
- 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 that 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
- Anyone, including the child, who has the leave of the court to apply
The welfare of the child will be the paramount consideration and the welfare checklist in S1 (3) of the Children Act 1989 applies.
4.2 Acquisition of Parental Responsibility
The special guardian will have Parental Responsibility for the child. The parents retain parental responsibility; however, subject to any later order the special guardian may exercise parental responsibility to the exclusion of all others with parental responsibility, except another special guardian.
The special guardian will have clear responsibility for the day to day decisions about caring for the child or young person and his/her upbringing.
The order retains the basic link with the birth parents but their ability to exercise their continuing parental responsibility is limited.
A special guardian can exercise parental responsibility to the exclusion of others with parental responsibility , except they cannot:
- Consent to adoption or to placement for adoption
- Provide consent in circumstances where the law provides that consent of all with parental responsibility is required (or where the position is unclear), for example the sterilisation of a child.
While a special guardianship order is in force, the written consent of every person with parental responsibility for the child or the leave of the court must be given:
- To cause the child to be known by a different surname
- To remove the child from the United Kingdom for longer than 3 months
4.3 The Effects of a Special Guardianship for a Looked After Child
The special guardianship order discharges an existing Care Order or S34 contact order (contact with a child in care).
4.4 The Application Process
The court may make a Special Guardianship Order in any family proceedings concerning the welfare of the child. This applies even where no application has been made and includes adoption proceedings.
Any person applying for a Special Guardianship Order must give 3 months written notice to their Local Authority of their intention to apply.
The only exception to the three-month rule is where there is leave of the court to make a competing application where an application for an adoption order has been made.
On receipt of notice of intention to apply or a notification of an application for a Special Guardianship Order, the Local Authority must investigate and prepare a report for the court as to the applicant/s suitability. The information to be included in the report is set out in Appendix A - Special Guardianship Assessment and Court Report (Regulation 21)
Where a child is looked after by London Borough of Bromley (LBB) it is the responsibility of LBB to provide a report to the Court and also to assess any need for special guardianship support. This applies wherever the prospective Special Guardian lives.
Where the prospective Special Guardian lives in another Local Authority and the child concerned is not Looked After, it is the responsibility of the Local Authority in which the prospective Special Guardian lives to provide a report to the Court and make support arrangements as required.
4.5 Before making a Special Guardianship Order
Before making a Special Guardianship Order, the court must consider whether to vary or discharge any existing order made under Section 8 (Children Act 1989). This could be a Contact Order or a Residence Order.
The court may decide to make a contact order under Section 8 (CA1989) at the same time as making a Special Guardianship Order for example to ensure continued contact with a child's parent/s.
When making an order the court may give leave:
- For the child to be known by a new surname
- For the child to be taken abroad for more than three months
4.6 Variation or Discharge of a Special Guardianship Order
Unlike Adoption Orders, special guardianship orders 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 Residence Order in respect of the child prior to a special guardianship order was made
- With leave from the court:
- The child's parent or guardian
- Any step-parent who has Parental Responsibility.
A parent can only apply for leave of the court after one year.
Unless the applicant is the child, the court may only grant leave if there has been a significant change in the circumstances since the special guardianship order was made.
The court may, during any family proceedings where the child concerned is subject to a special guardianship order, vary or discharge the order in the absence of an application.
4.7 Special Guardianship Support
The Local authority has a duty to make arrangements for the provision of special guardianship support services.
4.8 Access to Leaving Care Services
Where a child was Looked After, immediately before becoming the subject of Special Guardianship Order, he or she 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.
Where a young person was aged over 16 before becoming subject of a special guardianship order and s/he was looked after prior to this for 13 weeks (since their fourteenth birthday), and s/he has now left the care of their special guardian and have not yet reached the age of 18, they will be considered Relevant. Where they have reached the age of 18, they will be considered Former Relevant.
Where the child was looked after prior to becoming subject to a special guardianship order and had not yet reached the age of 16 and having now reached the age of 16, they have left the care of their special guardian, they will be considered as Qualifying.
Children who cease to be subject to a Special Guardianship Order before they reach the age of 16 and who are also not looked after when they subsequently reach 16, will not be entitled to any service under the Children Leaving Care Act 2000, despite the fact that they may have been looked after immediately prior to the order having been made.
The responsible Local Authority for the provision of services under section 24 of the Children Act 1989 will be the local authority that last Looked After the child.
5. Report to the Court
5.1 Requirement to Provide a Report
On receipt of an application from a prospective guardian, or where it directs an assessment to be completed, the court will request a report from the Local Authority.
The Local Authority will normally have 3 months time to carry out an investigation (assessment) and have prepared a report that complies with regulation.
It is the responsibility of the assessing social workers to ensure that the court report is completed within the required time scale. Providing the Special Guardianship Assessment and Court Report (Appendix A - Special Guardianship Assessment and Court Report (Regulation 21) was fully completed all the required information for the court report will be in place.
On the request of the court, the child's social worker will submit the completed report to the Legal Department to be filed within the time scale directed by the court.
5.2 Contents of the Report
Appendix A - Special Guardianship Assessment and Court Report (Regulation 21) to this procedure contains the detailed information that must be covered in the report that is provided to a court when it has to consider an application for special guardianship.
In the preparation of the report the social worker must have regard to the welfare checklist contained Section 1 (3) of the Children Act 1989, which will be used by the court in considering whether or not to make an order.
The child's social worker and their line manager will sign the court report for the court and he or she will attend the court hearing, which considers if a Special Guardianship Order should be made.
6. Assessments for Special Guardianship
6.1 Person(s) Responsible for Assessments
Social workers completing assessments and reports in relation to special guardianship will be suitably qualified.
Where they are not qualified they will be on approved qualifying training and supervised by a social worker who is qualified.
Assessing the child and the adult(s)
Assessment of children and adult (s) for the purpose of special guardianship will be undertaken by a social worker(s) from either the Safeguarding and Care Planning, Children in Need, Children with Disability or Care and Resources Teams.
Where the adult(s) are existing 'stranger' foster carers or approved 'kinship' foster carers to the child of more than six months duration the assessments will be undertaken by the Special Guardianship Development Officer (SGDO) based in the Fostering Team.
The SGDO will also provide all the monitoring and tracking of referrals, assessments and outcomes in relation to special guardianship
Assessing for the provision of support services
The assessment for and delivery of Special Guardianship Support Services will be undertaken by:
- The social worker assessing the prospective guardian/s where there is no Special Guardianship Order in place. The SGDO will offer advice and support;
- The Special Guardianship Development Officer where there is a special guardianship order in place.
Any plan see Appendix B -Special Guardianship Support Plan for any proposed support services must be:
Attached to the Special Guardianship Assessment and Court Report (refer to Section 7, Approval of the Special Guardianship Assessment Report and Appendix A - Special Guardianship Assessment and Court Report (Regulation 21)) and signed by the relevant Group Manager and head of Service;
- Accompany relevant reports presented to the Fostering Panel.
6.2 Assessing for the Provision of Leaving Care Services
Assessments for the purpose of support to children eligible to services under the Children Act 1989, Section 24 (Leaving Care) will be undertaken by the 16+ and Leaving Care Team.
6.3 Formats for Assessments in Relation to Special Guardianship
Format and Process of the Assessment
The Special Guardianship Assessment and Court Report, forms the basis of an assessment for Special Guardianship. A sample template for this assessment can be found in Appendix A - Special Guardianship Assessment and Court Report (Regulation 21). This report will be used for presentation to the Fostering Panel and with minor adjustments as indicated to Court.
The Assessment may be undertaken by one social worker or jointly by a social worker for the child and a social worker for the adult(s).
The following information will help each social worker give some focus to their respective responsibilities for the assessment to be undertaken.
Assessment of the Child
Where the assessment is being undertaken jointly the child's social worker is responsible for completing Sections 1-3. S/he must also meet with the social worker assessing the prospective guardian/s to complete sections 7 - 10.
When completing section 1 (about the child) - see Appendix A - Special Guardianship Assessment and Court Report (Regulation 21), the social worker should use the dimensions of the Assessment Framework when considering the child's developmental needs, i.e. their health, education, emotional & behavioural development, identity, family and social relationships, social presentation and self-care skills. The social worker must always take into consideration in planning for the child what is the least intrusive legal arrangement that will promote and secure their welfare.
In order to complete the report the social worker can use previous assessments, for example the core assessment, a child's permanence report, CPR or Form E, (if this has previously been completed) as well as any information from any assessments undertaken during care proceedings. With regard to requirements to provide medical information any recent health assessment for the child should be used alongside any historical information.
Where no medical information is available, the BAAF Initial Health Assessment may be used to get this information from the child's GP. The child (if of sufficient age and understanding) should give their consent to a Medical Assessment and the disclosure of their information for the purpose of an assessment for special guardianship. Where the child does not consent information should be obtained from their family members and/or the prospective guardian/s and reflect this in the assessment report.
Where a child has Special Educational Needs, the child's social worker must urgently bring this to the attention of the social worker responsible for assessing the adult(s) and /or the Special Guardianship Development Officer, where appropriate. Practitioners must refer to the section on Special Guardianship Support Services to ensure that they follow the correct process if the Council are to consider providing financial support as part of a Special Guardianship Order.
Assessment of the Prospective Guardian/s
Where the assessment is being undertaken jointly the prospective guardian's allocated social worker is responsible for completing sections 4-6 (see Appendix A - Special Guardianship Assessment and Court Report (Regulation 21)). S/he must also meet with the social worker assessing the child to complete sections 7 - 10.
When completing section 4 - see Appendix A - Special Guardianship Assessment and Court Report (Regulation 21), the social worker should use the dimensions of the Assessment Framework when assessing parenting capacity and the impact of family and environmental factors, i.e. the applicants ability to provide basic care, ensure safety, provide emotional warmth, stimulation, guidance and boundaries and stability. S/he will assess the family history and functioning, the family's social integration, community resources, income, employment, housing and the impact of their wider family.
Full Statutory checks, including a Criminal Records Bureau check must be completed on prospective applicants. They must also be asked to complete a medical and provide three references, one of whom can be a family member.
In circumstances where a foster carer applies for a Special Guardianship Order in respect of a child living with them, social workers can use the original Form F as the basis for their assessment. Medical reports and statutory checks may still need to be updated. Criminal Record Bureau checks should be no more than 2 years old, the agency's Medical Adviser can be consulted about the need to renew any health reports.
An assessment of the need for Special Guardianship support (including any financial support) must be undertaken (see Appendix A - Special Guardianship Assessment and Court Report (Regulation 21) - section 5 (d)).
The child's social worker must have provided information relating to any recommended financial support payable to their Group Manager (GM) for agreement and must be endorsed by their Head of Service (HoS) before it is submitted as part of any financial assessment of the prospective special guardian(s).
Any proposal for financial support, as part of a Special Guardianship Support Services Plan, (Appendix B -Special Guardianship Support Plan) must be as a result of a fully completed financial assessment (see Appendix C - Standardised Means Test Model for Adoption and Special Guardianship Financial Support ) in order to be presented to the Fostering Panel for recommendation to the Agency Decision Maker. The outcome will be recorded in a Financial Agreement, which must have been signed by the HoS, Care and Resources. The agreement may be finalised but will only become valid if the court makes a Special Guardianship Order.
Prospective guardian/s must be informed clearly that the completion of a financial agreement and/or a Special Guardianship Support Plan is not a pre-indicator of a recommendation to approve a plan for special guardianship.
The agreement for financial support must be summarised in the (Appendix B -Special Guardianship Support Plan), and should not detail any amounts but only the nature of any financial support agreed.
The standard template, Appendix B -Special Guardianship Support Plan, will be used to record any proposed support services. On completion this must be circulated as a proposal to the prospective Special Guardian (s) who must be given an opportunity to comment on it before being presented to the Fostering Panel.
The Proposed Special Guardianship Support Plan (Appendix B -Special Guardianship Support Plan) must be signed by the Special Guardianship Development Officer, agreed by the relevant GM and HoS and appended to the Special Guardianship Assessment and Court Report before it is submitted either to the Fostering Panel or the Assistant Director of Children and Young People Services.
The Financial Agreement itself must remain confidential and must not be appended to any reports. A copy of the original financial assessment must be filed in the relevant section of the prospective guardian(s)' case file.
Assessing the need for special guardianship support (post-order)
The format for assessing a child and his or her family for the purpose of providing special guardianship support services is set out in detail in Section 17, Special Guardianship Support Services.
These relate to assessments carried out after a child has already been made subject of a Special Guardianship Order and will be based on the Assessment Framework for children in need and their families.
The Special Guardianship Development Officer undertakes these assessments.
Assessing the need for leaving care support
The format for assessing a child for the provision of leaving care services will be a form equivalent to a Pathway Plan. Refer to Section 21, Leaving Care Provision for leaving care services in the context of special guardianship.
7. Approval of the Special Guardianship Assessment Report
7.1 Key Principle
Recommendations about children in relation to Special Guardianship, following presentation at the Fostering Panel have to be passed to the Assistant Director of Children and Young People Services Agency Decision Maker for approval before reports may be submitted to a court.
There are 3 main reasons for this:
- A Care Plan for special guardianship may change a plan for adoption or permanent fostering which the Assistant Director of Children and Young People Services had previously ratified.
- A Special Guardianship Order would discharge a child from care.
- A special guardianship order restricts a parent/s ability to exercise Parental Responsibility for a child, a decision that should not be made without some careful scrutiny.
7.2 The Special Guardianship Assessment Report
The General Manager and Head of Service responsible for the social worker who undertook the assessment of the child and adult(s) signs off the Special Guardianship Assessment and Court Report (See Appendix A - Special Guardianship Assessment and Court Report (Regulation 21))
This report is sent to the Fostering Panel for the child and adult(s) to be considered and subsequently agreed by the Agency Decision Maker.
8. Identifying the Need for an Assessment
8.1 Referral and Assessment Routes
There are a number of routes by which the request for an assessment in relation to Special Guardianship might be made. These are covered in different sections of these procedures.
A request for an assessment will either be made:
- Where we receive notice by a prospective special guardian of their intention to apply to a court for a special guardianship order. We may or may not know the child and the prospective guardian. The notification may come directly from the prospective guardian or via a solicitor. Where any practitioner receives such a notification and there is not already an allocated social worker for the child, the notification must be passed on to the Duty Social Worker in the relevant Referral and Assessment Team.
- Where a court requests such an assessment to be undertaken and a child is not looked after. As with other notifications, we may or may not know the child and the prospective guardian. Where any practitioner receives such a notification and there is not already an allocated social worker for the child, the notification must be passed on to the Duty Social Worker in the relevant Referral and Assessment Team.
- Where a child is looked after and at a child care review a decision is made to assess an adult with a view to special guardianship of the child. In this situation the process that is followed will depend on whether or not the child already has a plan for adoption or permanent fostering ratified by the Agency Decision Maker:
- Where the Agency Decision Maker has ratified a decision in respect of the child for adoption, s/he will have to be asked to change that decision and this means that any change of plan for adoption has to be considered by the Adoption Panel in the first instance.
- Where the Agency Decision Maker has ratified a decision in respect of permanent fostering , s/he will have to be asked to change that decision. This can be done at the same Fostering Panel that will receive the Special Guardianship Assessment Report as part of the consideration of the plan for special guardianship.
Where a court requests an assessment about a child that is Looked After any court directed time scales should be complied with as far as is practicable.
Where it is not possible for the Fostering Panel to consider a child that it would have normally considered, due to the lack of time given by a court, the plan should still be considered and approved by the Agency Decision Maker.
9. Responding to Referrals about Children not Looked After
9.1 Introduction
This section covers London Borough of Bromley's (LBB) response where it receives notice from a person intending to apply to a court for a Special Guardianship Order or from a court asking for the LBB to undertake such an assessment.
It is highly likely that most children are currently known to LBB's Children and Young People Services, particularly through the Public Law Outline (PLO). Where the child is not known the relevant Referral and Assessment Team (RAT) will be the initial recipient of information in this respect.
9.2 Referral and Initial Assessment
The duty social worker who receives the notice should open an initial referral on Care First in order to establish whether either the prospective special guardian or the child the notice relates to are known to LBB's Children and Young People Services.
Where the child is already open in the Department, the relevant social worker/s should be contacted and the referral can be passed on.
Where the child is not open to another team, the relevant RAT will immediately refer on to the relevant Safeguarding and Care Planning team to undertake an Initial Assessment of the child.
The Special Guardianship Development Officer needs to be notified immediately of the case and referred for assistance with the development of the Special Guardianship Services Support Plan.
In the context of special guardianship an initial assessment has to focus on the following issues:
- What is the relationship between the applicant and the child?
- Why is the child not able to live with his or her own birth parent/s?
- Is the applicant eligible to apply to the court for a Special Guardianship Order?
- Are the circumstances of the child such that the child should be considered as a child in need of protection, which would normally result in a Section 47 investigation (Children Act 1989) and a Core Assessment being undertaken?
- The social worker must always take into consideration in planning for the child what is the least intrusive legal arrangement that will promote and secure their welfare.
Initial visits
A visit should be undertaken to meet with the child and the applicant (separately if they are not currently sharing a household), in order to clarify the issues above.
Private Fostering
If, during the visit, it transpires that the child is living with the applicant who is not a relative (as defined under the private fostering regulations), the applicant must be informed that the placement will be monitored under the private fostering regulations. See Private Fostering Procedure
Determining eligibility to apply
The social worker undertaking the Initial Assessment must consult the Legal Department to confirm whether the applicant is eligible to apply, unless the court has directed an assessment to be completed.
Where the Legal Department consider the applicant is not to be eligible, the social worker must advise the applicant in writing of the reason why and any advice they may have obtained from the Legal Department.
Where the Legal Department consider the applicant to be eligible, the social worker must advise the applicant in writing and advise them of the assessment process that will follow.
Informing others who have parental responsibility
Where the Social Worker has been able to locate the child's parent/s or any other person/s with Parental Responsibility for the child, he or she should try to establish contact with them.
All adult/s who have parental responsibility for the child, must be informed of the receipt of notice and consulted where possible if contact is made during the Initial Assessment period. They must be provided with details of any process that is to be undertaken by the Local Authority and informed that they will be fully consulted as part of the assessment process.
Outcome of the initial assessment
Unless, during the Initial Assessment a Section 47 investigation has been initiated (Children Act 1989), the case will be remain with the relevant Safeguarding and Care Planning team (SCPT), the Children with Disabilities team (CWDT) or in particular circumstances the Safeguarding and Care Planning Team, for the preparation of a Special Guardianship Assessment and Court Report, which has to be undertaken within 3 months of the initial referral having been received. The transfer requests are as follows:
Where a private fostering arrangement is in place, the caseholding team should be provided with a copy of the letter informing the applicant:
- that their care of the child has been referred to the relevant team for monitoring and supervision under the private fostering regulations
- of the legal advice in relation to their eligibility to apply for special guardianship
- of the assessment process that will be undertaken in relation to special guardianship along with any written information about special guardianship.
9.3 Core Assessments
The relevant RAT only undertakes a Core Assessment if a Section 47 Enquiry has been initiated. Any other services needed for the child should be identified during the preparation of the Special Guardianship Assessment and Court report and a Multi-Agency Child In Need Plan drawn up.
10. Responsibilities of the Special Guardianship Development Officer (SGDO)
The Special Guardianship Development Officer is responsible for undertaking an assessment, as previously outlined, on all special guardianship applications from 'stranger' foster carers and approved 'kinship' foster carers of more than six months duration and for the Special Guardianship Support Services Plans.
The Special Guardianship Development Officer will undertake all assessments for Special Guardianship Support Services and the production of Special Guardianship Support Plans where a Special Guardianship Order is in place and will offer advice and support in the assessment for Special Guardianship Support Services and production of plans in all other cases.
The Special Guardianship Development Officer will receive all notifications of intention to apply for a Special Guardianship Order; requests for assessments and assessments for Special Guardianship Support Services so that they can track and contribute to the overall monitoring of London Borough of Bromley's duties and performance in relation to Special Guardianship.
The Special Guardianship Development Officer will be responsible for arranging an Initial Permanency Planning Meeting with relevant workers and managers, within 5 working days of the initial referral, if the permanency planning process has not commenced.
11. Responsibilities of the SCPT, CWDT, Safeguarding and Care Planning Team and Care and Resources Services
A childcare team in the context of special guardianship will either be one of the SCPTs', the CWDT, the Safeguarding and Care Planning Team, the Looked After Children's team or the 16+ and Leaving Care team.
On receipt of a request for an assessment of a child and adult(s) for the purpose of special guardianship, the Group Manager of the relevant service area will make arrangements for a social worker to be allocated where a worker is not already allocated to the child.
The child's social worker (CSW) is responsible for:
- the assessment of the child and adult(s),
- referring the child and adult(s) to the Fostering Panel if the criteria for this are met using the Special Guardianship Assessment and Court report (See Appendix A - Special Guardianship Assessment and Court Report (Regulation 21)) and Support Plan for special guardianship support services (Appendix B -Special Guardianship Support Plan)
- any subsequent report that is prepared for a court hearing.
Where an initial permanency planning meeting has not been held the CSW is responsible for contacting the Special Guardianship Development Officer to ensure an Initial Permanency Planning Meeting is held within 5 working days.
Where the child is a Looked After Child, the allocated CSW will normally undertake the assessment for special guardianship unless they are being looked after by 'stranger' foster carers or approved 'kinship' foster carers of more than six months duration who are making the application.
Group Managers and their HoS are responsible for signing off the Special Guardianship Assessment and Court Report and any subsequent plans and reports in relation to special guardianship.
The responsible Group Manager for the CSW will be responsible for chairing the initial permanency planning meeting (PPM) and any PPM review considering financial support. For any other review PPM the Deputy Manager for the CSW would chair.
Any Child Protection investigation will take priority over any assessment for special guardianship and where the court has requested an assessment, legal advice should be sought as to how any significant delay is reported to the court or any children's guardian the court may have appointed.
A Legal representative should be invited to a PPM if there are legal issues to clarify or to separate out any legal processes and agree a way forward.
12. Special Guardianship as a Route to Permanence for a Looked after Child
12.1 Introduction
This section applies where special guardianship is identified as a possible route to permanence for a child currently Looked After.
Practitioners should refer to the Permanence Planning Guidance and Procedure for the wider permanency planning context which sets out the different routes to permanence, the relative advantages and disadvantages between those routes and information about assessing routes to permanence.
A decision to pursue special guardianship as a route to permanence will be made at a child care review, where this decision may be made alongside a number of other possible routes or as the single route to permanence. Consideration must be given in planning for the child to what is the least intrusive legal arrangement that will promote and secure their welfare.
The CSW and/or Fostering Social Worker (FSW), (if they are already working with the prospective guardian/s e.g. current kinship carers being assessed), must inform the proposed guardian/s of the review decision in writing and set out how the Local Authority will proceed to undertake the assessment.
The CSW must also inform in writing, the birth parent/s, any other persons who have Parental Responsibility and any CAFCASS guardian that may already have been appointed by the court where for example there are current care proceedings.
In addition the child may have a plan in place for other routes to permanence and the permanent placement policy can help to determine how the review decision and the plan for the child at this stage is to be taken through the assessment process and who will have to approve the assessment report for special guardianship on behalf of London Borough of Bromley.
12.2 Time Scales
An assessment for special guardianship will be made within maximum time scale of 3 months.
This is the statutory time scale set out in guidance where notice is received of a person's intention to apply to a court, who may not be known at all and given that for Looked After children we already hold a lot of information there should not be any reason why an assessment should not be completed within this time scale.
An initial or review Permanence Planning Meeting will consider the time scales and for looked after children it may recommend shortening the time scale if this is considered to be achievable.
The chair will have to take into account the impact of any current or pending court proceedings in relation to the child that may impact on the time scale for a special guardianship assessment.
12.3 Parallel Planning
Where the plan is also adoption the child will also have to be referred to the Adoption Team and any plan or assessment for special guardianship will have to be considered in parallel and ruled out before the Adoption Panel can make a recommendation about adoption. When the plan is permanent fostering a referral can be made to the Fostering Team and parallel plans for permanent fostering and special guardianship can be considered at the Fostering Panel.
Where the plan does not include adoption or permanent fostering, a child will not need to be referred to the Adoption or Fostering teams.
The assessment process will be undertaken and at the end special guardianship will either be ruled out as an option or not.
The first step when a child care review decides that an assessment should be undertaken for the purpose of special guardianship is that the CSW contacts the Special Guardianship Development Officer to make a referral for an initial or review Permanence Planning Meeting, whichever is relevant, and to seek advice and guidance on how to proceed with the assessment.
12.4 Requesting an Assessment from the Special Guardianship Development Officer
The Special Guardianship Development Officer will undertake all assessments for Looked After children placed with 'stranger' foster carers and approved 'kinship' foster of six months duration.
The Special Guardianship Development Officer will, after receiving a referral, arrange for an initial or review Permanence Planning Meeting, as appropriate, to be held within 5 working days.
13. Assessments in Relation to a Child who is not Looked After
Introduction
This section applies where an assessment has been requested of a child who is not currently Looked After.
The information available already will vary depending on whether there has been any historical involvement with the child, the prospective guardian/s or the child's parents.
For example, the applicant/s might currently hold a Residence Order for the child, who may have previously been a looked after child.
The referral for an assessment is likely to have come to the Department either because the applicant has given notice of their intent to apply for a Special Guardianship Order or because a court has requested an assessment of a family during the course of PLO proceedings.
13.1 Starting an Assessment
Following the request for an assessment for special guardianship a referral should be immediately made to the Special Guardianship Development Officer.
The Special Guardianship Development Officer will arrange for an initial or review Permanence Planning Meeting to be held within 5 working days of the assessment having been requested.
An assessment for special guardianship should be made within a maximum time scale of 3 months.
The social workers should use the information from the Initial Assessment to begin to complete the Special Guardianship Assessment and Court Report and begin to arrange to book appointments in order to complete the assessments within time scale.
By the initial or review Permanence Planning Meeting it is important that the assessing social worker(s) have prepared some information about how they plan to carry out their assessment.
14. Initial/Review PPM
14.1 Purpose and Time Scale
The purpose of the initial or review Permanence Planning Meeting , as the first Permanence Planning Meeting held after the receipt of a request for an assessment for special guardianship is to co-ordinate the assessment for special guardianship in the context of any other plans for permanent placement for the child.
It must be held within 5 working days of the identified need for an assessment to be undertaken. The Special Guardianship Development Officer is responsible for arranging this meeting.
14.2 Who should attend
The allocated social worker(s) that will be undertaking the assessments must attend with their respective line managers.
The Special Guardianship Development Officer will always attend even if they are not responsible for the assessments because of the importance of providing advice and information on the provision of Special Guardianship Support Services, including financial support.
The meeting must be chaired by either the responsible Group Manager (if an initial Permanence Planning Meeting) or the CSW's Deputy Manager (if a review Permanence Planning Meeting). The reason for this is that it recognises the implications of Special Guardianship Orders in relation to a parent/s ability to exercise Parental Responsibility , a decision that should be made on the basis of a thorough assessment.
Particularly where the child is not being presented to the Fostering Panel with a Form CPR the Permanence Planning Meeting will act as the Department's internal scrutiny of plans for special guardianship.
14.3 Agenda
The meeting will confirm the plan and establish time scales for the assessments and any reports to be completed and a date for a further Permanence Planning Meeting will be arranged where considered necessary.
The Chair should use the following checklist:
- Has the prospective guardian been advised in writing of information about how it is proposed to undertake the assessment in order to prepare a report to the court and any time scales?
If this has not been done by the time of the PPM meeting this has to be a priority action following this meeting and the letter should be sent by the social worker undertaking the assessment of the child. - Have the birth parent/s or others with Parental Responsibility been informed of the plan to carry out this assessment and about how the assessment will be carried out and any time scales involved?
If this has not been done by the time of the PPM this has to be a priority action following this meeting and the letter should be sent by the social worker undertaking the assessment of the child. - Have all those in 1) and 2) above been provided with general information about Special Guardianship and Support Services that may be available?
- Give consideration in planning for the child to what is the least intrusive legal arrangement that will promote and secure their welfare.
- Given that an assessment and a report for the court should be completed within a 3 month period from the point where the department has been requested to undertake it, the PPM should set out a timetable using the guidance below:
| Task | Suggested time scale for planning | Total Time from start |
| Date when the assessing social workers will complete the Special Guardianship Assessment and Court Report | 7 weeks from the date of the Initial Permanency Planning Meeting | 8 weeks |
| If review PPM is to consider support plan date for the plan to be circulated to those attending the PPM | 3 days in advance of the review PPM | 8 weeks and 4 days |
| Date of the Review PPM | 9 weeks from the date the assessment was requested | 9 weeks |
| Date we need to send the report and support plan and other paperwork where appropriate to the Fostering Panel | 2 months and 1 week from the date the assessment was requested | 9 weeks |
| Date when all Panel paperwork and Panel's recommendation sent to the Agency Decision Maker for approval | 2 months and 3 weeks from the date the assessment was requested | 11 weeks |
| Date for finalisation of report and support plan following a decision by the Agency Decision Maker | 3 months from the date the assessment was requested | 3 months |
- Are there any court directed time scales that will affect the ability to carry out the assessment as outlined in 4) above?
If there are, who will alert the Agency Decision Maker that s/he needs to approve the plan when this is ready?
Where children and adults have to be assessed that are not known to the department already, the pressure to achieve these time scales will be far greater than for children who may already have had a Permanence Report completed and prospective guardians who are currently approved as foster carers.
Where Permanence Reports (CPRs) or Form Fs have been written previously these should only require updating and an addendum to be written to provide any additional information obtained, including if relevant, a reason why we are supporting a change in plan for Special Guardianship and those assessments are required by the Fostering Panel.
It must be made clear by the chair of this meeting that:
- A Special Guardianship Support Services plan that includes financial support must be agreed by the appropriate Group Manager and Head of Service before the plan can be approved.
- The child's social worker must alert the alert the Special Guardianship Development Officer urgently if the child has Special Educational Needs so that advice can be sought in relation to financial support.
15. Review PPM
15.1 Purpose
The purpose of the Review Permanence Planning Meeting, where appropriate, is to review the progress made since the first Permanence Planning Meeting held after the request for an assessment was received and to consider the outcome of the assessment, the proposed support plan and the recommendation that will be made to the Court.
15.2 Who should attend
The allocated social workers who have undertaken the assessments must attend with their respective line managers.
The Special Guardianship Development Officer will always attend even if they are not responsible for the assessments because of the importance of providing advice and information on the provision of Special Guardianship Support Services, including financial support.
The meeting must be chaired by either the responsible Group Manager (if financial component to the support plan) or the CSW's Deputy Manager. The reason for this is that it recognises the implications of Special Guardianship Orders in relation to a parent/s ability to exercise Parental Responsibility, a decision that should be made on the basis of a thorough assessment.
15.3 Agenda
The Special Guardianship Assessment Report and draft support plan should be circulated to all attendees, 3 days in advance of this meeting. Where this has not been received, a date must be set for this to take place as soon as possible.
Reasons for any delays and how this will be addressed should be recorded and form part of the minutes of the meeting.
Where the plan is not available, the meeting will have to consider the outcome of the assessment/s based on verbal information given by the social workers and the plan will have to be sent to the Chair of the Permanence Planning Meeting and the relevant Head of Service to be signed off when it is ready.
Where the Special Guardianship Assessment and Court Report and support plan has been circulated this will form the basis of the discussion for the meeting.
Where a report has indicated that the department are not supporting special guardianship for a child, this will still have to be presented to the Fostering Panel unless the relevant Head of Service after taking legal advice determines otherwise. A Special Guardianship Assessment and Court Report in this case will evidence the reason(s) why the department are not in a position to support this as a plan for the child and where appropriate make an alternative recommendation.
The Special Guardianship Assessment and Court Report and support plan is considered and any comments are recorded in the minutes of the meeting along with a final recommendation either that the child:
- Should be made subject to a Special Guardianship Order.
- Should not be made subject to a Special Guardianship Order.
A date is set for the Special Guardianship Assessment and Court Report to be amended where this is required and/or for it to be submitted by the CSW or the Special Guardianship Development Officer to the Fostering Panel.
If the Adoption Panel had previously approved the child as suitable for adoption a short report must be prepared and submitted to the Adoption Panel to rescind the decision prior to the case being heard at the Fostering Panel. Any other existing plans for permanence will be considered at the Fostering Panel where the special guardianship case is considered.
16. The Fostering Panel and the Agency Decision Maker
This section applies where decisions about a child, for whom the Agency Decision Maker (Assistant Director of Children & Young People Services) has made a decision in relation to their Care Plan need to be changed.
The Agency Decision Maker may have:
- Agreed a plan for adoption or permanent fostering for the child
- Agreed that the child should be placed with named carers for the purpose of adoption or permanent fostering (the named carers could be the same carers that are now expressing an interest in Special Guardianship).
A decision made about the child by the Agency Decision Maker has to be presented back to the Agency Decision Maker for it to be changed.
16.1 The Fostering Panel
The role of London Borough of Bromley's Fostering Panel is to provide independent scrutiny of the Department's Permanence Plans relating to permanent fostering.
On considering a plan in relation to a child it makes a recommendation to the Agency Decision Maker.
Therefore it will have been involved in scrutinising the plan for a child for who there is now a plan for special guardianship. (NB Some children may have been presented to the Adoption Panel with a plan as suitable for adoption and this is dealt with in an earlier section).
In such circumstances, the child's social worker must present the child back to panel with a request for the plan to be changed in favour of special guardianship.
The panel must have received:
- The Special Guardianship Assessment and Court Report (with any Proposed Special Guardianship Support Plan) and
- Any paperwork, including previous minutes, originally submitted to the panel in respect of the child and/or the proposed guardian/s (e.g. where they were previously approved by Panel for the child as permanent foster carers)
- So that it can review the basis on which it made its original recommendations.
The panel is asked to consider the assessment and any other reports and make a recommendation as to whether the child:
- Should be made subject to a Special Guardianship Order.
- Should not be made subject to a Special Guardianship Order.
16.2 The Agency Decision Maker (ADM)
The recommendation from the Panel is provided to the Agency Decision Maker who will make a decision within 7 working days of the Panel hearing.
The Agency Decision Maker must have available:
- All the paperwork that was considered by the Panel
- The minutes of the Panel meeting and the recommendation and any advice
The outcome of this decision should be notified within 5 working days to:
- The Prospective guardian/s
- The child, where of sufficient age or understanding
- The child's birth parent/s and any other person with Parental Responsibility.
- The Independent Reviewing Officer for the child
- Any CAFCASS guardian currently appointed by the court for the child.
The notification will confirm whether London Borough of Bromley supports the plan for special guardianship for the child with the proposed special guardians and provide advice on what the next stage of the process will be.
Where the child is currently Looked After and a plan for special guardianship is agreed, the prospective guardian/s should be encouraged to lodge an application to the court within 14 days (subject to any other court proceedings), in which case legal advice must be sought as to the timing of an application.
16.3 Decision not to Agree to the Plan
Where the Agency Decision Maker does not agree with the plan for Special Guardianship, the child's social worker must contact the child's Independent Reviewing Officer (IRO) and arrange to hold an urgent child care review, where this is not already scheduled to take place within the next 4 weeks.
Where Special Guardianship has been ruled out and there is now only a plan for adoption or permanent fostering, the child's social worker must refer the child to the Adoption Panel where the plan is adoption and the Fostering Panel where the plan is permanent fostering unless such plans are in place.
16.4 Booking a Child into the Fostering Panel
To book a child into the Panel, all the paperwork has to be submitted to the panel administrator who is based in the Fostering Team.
The Fostering Panel Advisor will quality assure the paperwork and arrange for the administrator to book the child into the Panel if the paperwork is in order.
The prospective guardian/s will be able to attend the Panel where they are being considered as special guardians to a child.
17. Special Guardianship Support Services
The Local Authority where the Special Guardian lives is responsible for undertaking an assessment of need and providing support in response to the assessment. The only exception to this is where a child who was looked After before the Special Guardianship Order was made. See Section 2, Position Statement and Guiding Principle
Special Guardianship Support Services will be provided by the Special Guardianship Development Officer and the Fostering Team although they may commission and procure specific services from other internal services or outside agencies.
Social Workers assessing children and adult/s for the purpose of special guardianship, must also assess whether there is a need for support services.
Where such needs are identified they must consult with the Special Guardianship Development Officer who is responsible for the co-ordination and delivery of Special Guardianship Support Services.
Proposed and/or agreed support services will be recorded on the standard template "Special Guardianship Support Plan", (Appendix B -Special Guardianship Support Plan). This must summarise any provision of financial support.
Financial Support can only be agreed following an assessment - see Section 18, Financial Arrangements andAppendix C - Standardised Means Test Model for Adoption and Special Guardianship Financial Support .
Only the responsible Group Manager and Head of Service can sign off a Special Guardianship Support Plan.
Special Guardianship Support Services are defined as:
- Financial support
- Services to enable children for whom a Special Guardianship Order is in force or being considered, special guardians or prospective special guardians, and parents of the child to discuss matters relating to special guardianship
- Assistance including mediation services in relation to contact between the child and their parents or relatives or any other person with whom the child has a significant relationship, which is beneficial to the child.
- Therapeutic services for the child
- Assistance to ensure continuance of the relationship between the child and his special guardian or prospective special guardian, including training 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
Services should not be seen in isolation from mainstream services and it is important to ensure that families are assisted in accessing them and are aware of their entitlements to tax credits and social security benefits.
Services may include assistance in cash where the Local Authority considers this to be appropriate, for example, a one off payment for childcare or petrol money. Such one-off payments provided as part of a service rather than on-going support should not be means tested. These are referred to as Fixed Payments.
Respite Care: If respite care consists of the provision of accommodation provided by or on behalf of the Local Authority the child must be Looked After for the duration of the respite care and any foster parent providing respite care has been approved under Fostering Services Regulations 2002.
17.1 Entitlement to an Assessment for Special Guardianship Support Services
Local Authorities must undertake an assessment in cases involving Looked After children or children who were looked after immediately prior to the making of a Special Guardianship Order at the request of:
- The child
- The special guardian or prospective special guardian
- The parent
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)
Note: in making the decision whether to assess in circumstances where the Local Authority has discretion this should be based on need. 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 that 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.
When a Local Authority decides not to carry out an assessment where they have discretion, the applicant must be given written notice of this decision and the reasons for it by the assessing social worker.
17.2 Responsibility of London Borough of Bromley to Provide Support
If a child was previously Looked After the Local Authority where the child was looked after has the responsibility for providing Special Guardianship support for the first three years after the making of the order.
If a child was not looked after, the Local Authority where the Special Guardian lives has the responsibility for special guardianship support. A Local Authority may provide services to people outside their area in circumstances where the Local Authority considers it appropriate.
A referral to the 16+/Leaving Care Team for support to a young person, who has reached the age of 16 and remains subject to a Special Guardianship Order, must be made if:
- The young person was looked after by London Borough of Bromley, prior to the making of a special Guardianship Order
And - S/he is no longer living with his or her special guardian and no one with Parental Responsibility is able to look after him or her.
Where the Special Guardianship Development Officer /Fostering Team are working with a young person who has reached the age of 16 together with his or her special guardian(s) and there is a high risk of family breakdown, the 16+/Leaving Care Team should be engaged into discussions as early as possible. This is to encourage early sharing of information to maximise the chance of a successful transfer if a subsequent referral has to be made.
For more information about the responsibility of the Leaving Care Service in relation to Special Guardianship see Section 21, Leaving Care Provision.
On-going financial support which is agreed before the Special Guardianship Order is made remains the responsibility of the Local Authority who agreed it so long as the family meet the criteria for payments.
17.3 Procedures for the Assessment for Special Guardianship Support Services
This section covers assessments for families where a Special Guardianship Order is already in place.
Assessments for Special Guardianship Support Services should follow the guidance set out in, and use the domains of, the Assessment Framework, recognising that the context is different from that for birth families.
The Social Worker must consult the relevant Primary Care Trust or CAMHS during the course of the assessment, if needs identified relate to services provided by agencies other than Children and Young People's Services, and it appears that there may be service implications for health or education services.
Assessments must consider (as far as relevant to the particular assessment):
- 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 that person, that child and that parent
- Contact arrangements
The Social Worker must interview the person whose needs are being assessed unless the assessment relates only to information and advice or if it is not appropriate to interview a child. In this case the child's special guardian may be interviewed.
The Social Worker must record the assessment on the standard template "Special Guardianship Support Plan". (Appendix B -Special Guardianship Support Plan)
Where at the point of a request for an assessment it appears that a child is at risk of becoming looked after or there are concerns that warrant an enquiry under Section 47 (Children Act 1989), the referral will be passed on to the relevant Referral and Assessment Team, who will undertake the Initial Assessment.
At the end of their Initial Assessment, the case may be re-referred for a Core Assessment if the provision of special guardianship support services is an appropriate route to supporting the family at that stage.
17.4 Avoiding the need for Duplication of Assessments
In circumstances where a child who has previously been a Child In Need or Looked After by a Local Authority, Social Workers should build on previous assessments to inform the assessment of Special Guardianship Support needs.
Section 14F(10) of the Act gives local authorities the power to assess Special Guardianship Support Service needs at the same time as undertaking another assessment, so that Local Authorities can avoid the need for a number of different assessments.
Where a request relates to a particular service, for example the provision of advice, information or counselling then the assessment process can be limited to looking at the need for that service.
17.5 The Special Guardianship Support Plan (SGSP)
A plan will be necessary where there is to be on-going support services that are not limited to one occasion or the provision of advice and information
The format will be in line with the standard template "Special Guardianship Support Plan." (Appendix B -Special Guardianship Support Plan)
This should be completed after full consultation with the prospective special guardians and the child if of sufficient age and understanding. The plan if applicable should summarise any provision for financial support but not provide any detail of the amount, this will be recorded in detail in a Financial Agreement.
The Plan should set out clearly:
- The services to be provided
- The objectives and criteria for evaluating success
- Time-scales for provision
- Procedures for review
- The name of the person nominated to monitor the provision of services in accordance with the plan.
A Special Guardianship Support Plan can only be approved by the relevant Group Manager and Head of Service.
17.6 Notifications of the Outcome of the Assessment
Following the completion of the Special Guardianship Support Plan the assessing Social Worker should give applicants notice in writing of the outcome of the assessment and proposed recommendations in relation to special guardianship support before a final decision is made on the services to be provided.
The applicants must be given up to 28 days to make representations or to confirm their agreement to the proposed plan.
It is very important that where it concerns a Looked After Child we should seek to reduce this time scale to avoid any delay in being able to complete assessments. To reduce chances of delays in this respect it is important that full consultation has taken place with prospective guardian/s about what will be proposed in the support plan before it is sent.
The assessing Social Worker should include the following information in the notification:
- A statement as to the outcome of the assessment of the person's needs for Special Guardianship Support Services
- Where the assessment relates to a need for financial support, the basis upon which financial support is determined
- Whether the local authority proposes to provide Special Guardianship Support Services
- The services (if any) that the Local Authority proposes are provided
- If financial support is to be paid, the proposed amount that would be payable, and any conditions attached to the payment
In a case where the Local Authority proposes to provide Special Guardianship Support Services and is required to prepare a plan the notice must be accompanied by a draft of that plan. At this stage this will be draft "Special Guardianship Support Plan."
Where the child is of sufficient age and understanding and it is considered appropriate s/he should be sent notification of the plan.
When providing the person with the outcome of the written assessment, the Local Authority should refer the person to sources of independent advice and advocacy.
17.7 Responding to Appeals or Representations
Where appeals or representations are received, these will be considered by the Group Manager of the Fostering Team.
On receipt of an appeal or representation, the Group Manager of the Fostering Team will either:
- Agree for the outcome and recommendation to be reviewed or
- Uphold the outcome and recommendation made
The prospective guardian/s must be informed in writing of the outcome of their appeal or representation and the reason for the decision made.
Information about the complaints procedure should be enclosed and referenced in the letter.
17.8 Notification after the consultation
Having received written confirmation from the prospective guardian to proceed on the basis of the draft Special Guardianship Support Plan OR
Having received the final decision following any appeals or representations having been considered.
The social worker should confirm the outcome to the prospective guardian/s in writing and a copy of the Special Guardianship Support Plan.
The Special Guardianship Support Plan will be identical to the plan sent out as a draft so that unless any changes are made, the social worker can save the proposed plan as the Special Guardianship Support Plan and remove all references to it being a "draft" plan.
18. Financial Arrangements
As part of the Special Guardianship Regulations 2005, one of the types of support that may be offered to Special Guardians is financial support.
Local Authorities have a legal power to provide support, including financial to individual families but no legal duty to do so.
The amount of financial assistance paid is also discretionary; each Local authority may offer financial assistance at a different rate, can change schemes and must alter them in response to new legislation. However they must inform Special Guardians of proposed changes and give them an opportunity to comment.
Neither the payment of an allowance nor the amount paid can be enforced as a legal contract, and an original level of allowance agreed on cannot be totally relied upon in making long term financial plans.
At all times Local Authorities must act reasonably in making their decisions, and Special Guardians can first use complaints to challenge decisions about financial support they regard as unfair or unreasonable.
The sections below set out the details of when financial support may be offered, who may receive it, how long it may be paid and the financial scheme on which payment is based.
18.1 Policy Statement
The London Borough of Bromley (LBB) is committed to ensuring that its Looked After children have a stable family life which is legally secured. If at all possible that they will be in a household where the primary carers hold Parental Responsibility for the child and the child therefore does not have to deal with the potential disadvantages and stigma of being looked after by the Local Authority.
London Borough of Bromley does not consider that a carers' need for financial support should prevent any child from benefiting from a permanent placement which is legally secure.
In accordance with the Special Guardianship Regulations 2005, financial support is payable:
- To facilitate arrangements for a person to become the Special Guardian of a child where the Local Authority consider such arrangements to be beneficial to the child's welfare or
- To support the continuation of such arrangements after a Special Guardianship Order is made
The circumstances in which financial support may be paid to a Special Guardian are as follows:
- Where it is necessary to ensure that the special guardian or prospective guardian can look after the child
- Where the child needs special care which requires a greater expenditure of resources than would otherwise be the case because of illness, disability, emotional or behavioural difficulties or the consequences of past abuse and neglect
- Where the London Borough of Bromley consider it appropriate to contribute to any legal costs, including court fees, of a special guardian or prospective special guardian associated with -
- The making of a special guardianship order or any application to vary or discharge such an order
- An application for an order under section 8 of the Children Act 1989 (a contact order, a prohibited steps order, a Residence Order or a specific issue order)
- An order for financial provision to be made to or for the benefit of the child
- Where London Borough of Bromley considers it appropriate to make a contribution to meet the following kinds of expenditure necessary for the purpose accommodating and maintaining the child, including the provision of furniture and domestic equipment, alterations to and adaptations of the home, provision of means of transport and provision of clothing, toys and other items necessary for the purpose of looking after the child
- Where such support is to meet recurring costs in respect of travel for the purpose of visits between the child and a related person
- Where a child had already been or would otherwise have been a Looked After child.
Financial support ceases to be payable to a Special Guardian if:
- The child ceases to have a home with them or dies
- The child ceases full-time education or training and commences employment
- The child qualifies for Income Support or Jobseeker's Allowance in his or her own right, or
- The child attains the age of 18 unless he continues in full-time education or training, when it may continue until the end of the course or training he is then undertaking.
Financial support that is to be paid periodically is not payable until the Special Guardian has agreed to the following conditions:
| a. | That they will inform the local authority immediately if:
|
| and, where the information is given orally, that they will confirm it in writing within seven days. | |
| b. | That they will complete and supply London Borough of Bromley with an annual statement as to the following matters -
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London Borough of Bromley may set any other conditions they consider appropriate including the timescale within which and purposes for which any payment of financial support should be utilised. Where any condition imposed is not complied with, London Borough of Bromley may suspend or terminate payment of financial support and seek to recover all or part of the financial support they have paid.
Where the condition which is not complied with is a failure to provide an annual statement, regulation 12 (Special Guardianship Regulations 2005) requires that the London Borough of Bromley may not take steps to suspend, terminate, or seek to receive financial support until they have sent to the person who entered into the agreement a written reminder of the need to provide an annual statement and 28 days have expired since the date on which the notice was sent.
One off lump sum payments will be considered where there is a specific need. Where a child has disabilities the first step must be to try and secure a Disabilities Facilities Grant (DFG) funding. If this is not agreed or there is a shortfall, London Borough of Bromley will assess needs and may provide financial assistance. If the lump sum is to facilitate a sibling placement, London Borough of Bromley will assess using the means test and decisions will be made on a case by case basis.
18.2 Who can Receive Financial Support?
Special Guardians of children who are Looked After, or who otherwise would have been looked after will be eligible for an assessment for their need for financial support.
The national standard means Test (Appendix C - Standardised Means Test Model for Adoption and Special Guardianship Financial Support) will generally be used in cases where financial support is requested. This will assist in determining if and when to pay financial support and how much to pay.
Local authorities are not expected to meet the legal costs of a Special Guardianship Order where they oppose an application in respect of a child they previously looked after or in circumstances where a child is not looked after.
There is a legal obligation for Special Guardians and prospective Special Guardians to provide the London Borough of Bromley with full details of their finances when they are being assessed for their need for financial support and at the annual review of financial support.
London Borough of Bromley will ensure that anyone applying for financial assistance is aware of and takes advantage of any benefits and tax credits available to them, before considering their need for financial support. The financial support that may be given must complement not duplicate any other support that is given.
18.3 Financial Support Arrangements
The decision to provide financial support rests solely with the London Borough of Bromley. Although there is a legal power to provide support and financial support there is no legal duty to do so. The London Borough of Bromley would only consider making financial support payments if the child was previously Looked After or would have become looked after if an Special Guardianship Order was not made.
London Borough of Bromley financial support for the purposes of the Special Guardianship Allowance (SGA) is related to the London Borough of Bromley fostering allowance rate and specifically the cost element of caring for a child. As the SGA is related to London Borough of Bromley fostering rates the SGA will be increased annually by the agreed cost of living increase and where applicable any triggered age related uplifts.
However the London Borough of Bromley takes the view that there are specific complicating aspects of caring for a fostered child that are not present with an adopted child or a child who is living with a special guardian. This reflects the status of the Special Guardian which is different from that of a Local Authority foster carer. For example the Special Guardian will not have a social worker visiting the child (because the child is not Looked After) and will not be expected to provide written contributions for reviews or meetings in relation to the child. Contact arrangements are often more onerous for a foster carer. Also, a Special Guardian will not be required to be reviewed themselves as foster carers are. The Special Guardianship Allowance Scheme takes into consideration these factors in the setting of payment rates, see Appendix D - Special Guardianship Allowances - Payment Scheme. This does not mean that all special guardianship cases will be devoid of these factors. The London Borough of Bromley will consider each application on a case by case basis within the context of the Special Guardianship Allowance Scheme and where there are many complicating factors the Local Authority can increase the SGA accordingly by up to a maximum of 20% of the SGA.
Where financial support is agreed, based on the needs of the family, this is normally time-limited. For example it may be linked to payments to enable the carers to take additional time off work to help the child settle or to the payment of child-care until such time as the child is in full-time education. As each case is different, if agreed there will be some flexibility in how payment is made.
The London Borough of Bromley must take into account the financial resources of the prospective Special Guardian(s), their reasonable outgoings and financial commitments, the financial needs of the child and any financial resources of the child in determining how much to pay in association the Standard Means Test (Appendix C - Standardised Means Test Model for Adoption and Special Guardianship Financial Support ). Child benefit payments will be deducted from the maximum SGA payable.
Payments can be made as a one-off lump sum, a series of lump sums, or as on-going, usually fortnightly, allowance which may have a determined end date by the London Borough of Bromley.
All requests for financial support of an on-going nature and for one-off payments that relate to the maintenance of the child will be subject to a financial assessment of means. Decisions on whether to offer financial support will be taken on a case by case basis. Individuals and families must never be given false assurances of financial support in the future where they may not be eligible.
The agreement to provide all forms of financial support to new Special Guardianship cases and on-going financial support to Special Guardians with an existing Special Guardianship Order as summarised on the Special Guardianship Support Plan (Appendix B -Special Guardianship Support Plan) and following the outcome of the standard means test rests with the Assistant Director, Children and Young People Services.
Payment of additional financial support where the child has additional needs relating to serious illness or disability will not be considered except in very exceptional cases (for example where the child's condition is serious and long-term and where are measurable costs related to the condition compared to a child of similar age who is unaffected by the particular condition) and/or where the existing foster carers/kinship carers where receiving an additional payment prior to the making of the Special Guardianship Order. Such additional payments will always be time-limited and subject to at least annual review.
Financial support can be paid to ensure that a child can be placed with a family from the same ethnic origin or in order that they can have a placement with a sibling is payable so that the London Borough of Bromley can facilitate the permanent placement of a child for whom it may be difficult to find a permanent family placement able to meet the child's needs.
18.4 Application for Financial Support from Foster Carers who wish to Apply for a Special Guardianship Order
When the London Borough of Bromley supports the application of a foster carer/kinship foster carer who is currently fostering a child to become their Special Guardian, they will continue to pay the carers the London Borough of Bromley fostering allowance (including any reward element for the child) paid at the time of the application (less additional payments for holidays, birthdays, festivals and child benefit) for up to two years post order or if shorter until the child ceases full time education or training and commences employment, qualifies for income support or Job Seeker's allowance in his her/own right or attains the age of 18. The purpose of the two year transitional provision is to enable local authorities to maintain payments to foster carers at the same rate as they received when they were fostering the child. This is intended to give the family time to adjust to their new circumstances.
If the foster carers are in receipt of a retainer payment, that payment will cease on the making of the order unless they continue to offer a service as foster carers to other children.
In exceptional circumstances and where the London Borough of Bromley considers appropriate the reward payment referred to above can continue to be paid following two years post order
The London Borough of Bromley will pay the court fees for foster carers/kinship foster carers where it supports their application for an Special Guardianship Order. Reasonable legal costs, at legal funding rates, may also be paid by the London Borough of Bromley to an initial ceiling of £1500, including the cost of an initial legal consultation prior to any application. Prior approval from the London Borough of Bromley 's Legal Adviser will be required for amounts over this.
18.5 Disregarding the means of the applicants
The Local Authority may disregard means where they are considering providing financial support in respect of:
- the circumstances outlined above relating to the special needs of a child, settling in costs and in the provision of transport to facilitate contact
- to previous foster carers - so that Local Authorities can maintain the amount paid to a foster carer who goes on to become a special guardian for the transitional period for two years from the date of the Special Guardianship Order. These payments can continue for longer than two years if the local authority considers this appropriate. These are referred to as Transitional Payments.
The Local Authority must disregard means when they are considering providing financial support in respect of legal costs.
The decision to make any of these payments lies with the relevant Group Manager and Head of Service except for on-going financial allowances which requires the agreement of the Assistant Director, Children and Young People Services (Agency Decision Maker on Special Guardianship matters)
18.6 Arrangements across Local Authority Areas
Where financial support has been agreed by a placing authority, they will be responsible for the financial support no matter where the child lives.
Responsibility continues to rest with the placing Local Authority, for assessing the need for all forms of support arising for the first time after the Special Guardianship Order is granted, including financial, for three years from the date the Special Guardianship Order was granted. Thereafter responsibility for assessing all support needs, excluding any on-going financial payment, rests with the Local Authority in whose area the family live.
18.7 Practical Arrangements
It will be the responsibility of the allocated social worker to undertake the assessment of Special Guardianship support needs with the Special Guardian(s)/Prospective Special Guardian(s) liaising as necessary with the Special Guardianship Development Officer. If as part of this, a financial assessment is required the allocated social worker requests the relevant Finance Team to send a copy of the financial assessment means test and guidance notes (Appendix C - Standardised Means Test Model for Adoption and Special Guardianship Financial Support) to the applicants.
The applicants return the completed financial assessment to the Finance Team and upon completion of their assessment the Finance Team forwards the outcome to the Special Guardianship Development Officer. The Special Guardianship Development Officer will review the documentation and outcome and return to Finance for re-consideration if not compliant with policy and guidance. The Special Guardianship Development Officer then forwards the documentation to the allocated social worker for a summary to be included in the Special Guardianship Support Plan (Appendix B -Special Guardianship Support Plan)
The Support Plan, including financial support proposals, must be agreed by the relevant Group Manager and HoS.
Where on-going financial support is confirmed by the Assistant Director, Children & Young People Services, the Special Guardianship Development Officer will write to the Special Guardian(s) /Prospective Special Guardian(s) setting out the financial proposals and the terms of agreement.
Group and Deputy Managers will ensure that social workers are aware of their responsibilities under this policy and will ensure their staff are trained. The Special Guardianship Development Officer will take the lead in providing and arranging training for all relevant staff.
19. Contact Support Services
Support for contact arrangements may feature as part of a Special Guardianship Support Plan.
Special Guardianship, as a permanence option, is likely to be considered for children who are going to have regular ongoing contact with member/s of their birth family and this may have been one of the reasons why adoption was not considered appropriate.
Social workers should not make any commitments about contact support services without prior consultation with the Special Guardianship Development Officer (SGDO).
Only the relevant Group Manager and Head of Service can sign off a special guardianship support plan.
Contact arrangements, as with other services provided as part of the special guardianship support plan will be subject to review under the Special Guardianship Support Regulations.
19.1 Direct and Indirect Contact
It is recognised that for some special guardian/s relationships that contact with birth parent/s for children may be very difficult to manage and this is where consideration can be given to providing support.
Where support for contact arrangements is required, frequency of "supervised" contact with a child has to be considered carefully as this may well have resource implications for the Special Guardianship Development Officer and the Fostering Team.
Whilst indirect contact such as letterbox contact is normally associated with adoption it could be made available through the adoption post-box administrator where it would meet the needs of a child for the purpose of special guardianship.
Examples might be where:
- for particular reasons adoption has not been an option for a child, direct contact is not considered to be in that child's best interests but indirect contact is appropriate
- Where the address of the child has to be kept confidential for any reason but letter contact is nevertheless considered appropriate.
It must be kept in mind that the overall support services provided (including contact) should not replicate the services provided to a child whilst s/he was Looked After, this would undermine the purpose of Special Guardianship.
The court will want to be informed of the proposed services that are to be provided to special guardian/s and children as part of the court report (refer to Appendix A - Special Guardianship Assessment and Court Report (Regulation 21)).
20. Support to a Special Guardian
Some guardian/s will have very positive experiences of receiving support from a social worker.
This could be the support of a child's social worker or their own supervising fostering social worker, which they may have enjoyed for many years.
Understandably they may be reluctant to become a special guardian if all those supports are ended at once and there may have to be some negotiation between the relevant managers about how such a transition can be best managed or what could be offered in the longer term.
Any support agreed through the support plan will remain subject to review under the Special Guardianship Support Regulations.
Clearly the aim is to enable special guardian/s to manage the care of a child independently in the long term.
Social Workers and their Managers will be open to exploring what level of support they could keep if an order was granted and how this may or may not be phased out over an agreed period of time.
Possible resources that could meet this need are:
- Continued support from their supervising fostering social worker or the worker that undertook their assessment.
- Continued support from the child's social worker
- On-going support from the Special Guardianship Development Officer
- An arrangement with the Local Authority where the prospective guardian/s live, if they live at a great distance from London Borough of Bromley.
Which resource is most suitable will more than likely depend on the individual circumstances of each case.
Involving other local authorities will also have financial implications, which would have to be agreed by the Special Guardianship Development Officer and their Group Manager and Head of Service.
Any agreement in this respect should be detailed on the Special Guardianship Support Plan and will be subject to review.
It must be kept in mind that the overall support services provided (including support provided directly to a guardian), should not replicate the services provided to a child whilst s/he was Looked After, this would undermine the purpose of special guardianship.
The court will want to be informed of the proposed services that are to be provided to special guardian/s and children as part of the court report (refer to Appendix A - Special Guardianship Assessment and Court Report (Regulation 21)).
20.1 Urgent Cases
Where a person has urgent need of a service the assessment process should not delay provision. Regulation 19, Special Guardianship Support Regulations provides that where any requirement under the Regulations would delay provision in a case of urgency, that requirement does not apply. The local authority will need to review the provision as soon as possible after the support has been provided in accordance with the procedures set out above.
21. Leaving Care Provision
Time spent under a Special Guardianship Order is relevant when considering the child's entitlement to leaving care services. Section 24(1) of the Children Act 1989, (as amended by virtue of schedule 3, paragraph 60 of the Adoption and Children Act 2002), defines "a person qualifying for advice and assistance". This includes a young person aged 16 - 20 who, immediately before becoming subject to a special guardianship order, was Looked After by a Local Authority.
Regulation 22, Special Guardianship Support Services Regulations, 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.
This section only relates to young people, who have reached the age of 16 and are no longer being cared for by their special guardian or any other person who may have Parental Responsibility for them.
This section does not relate to services to young people who still live with their special guardian, as those young people and their families will be worked with by the Special Guardianship Development Officer, see earlier sections.
21.1 Assessment by the Leaving Care Service
Where a referral is received in respect of a young person, who is no longer being cared for by his or her special guardian or any other person who has Parental Responsibility, and they have reached the age of 16, he or she will be assessed by the 16+/Leaving Care Team.
The standard template Pathway Plan will be used to consider any support services the young person may need, which are not able to be provided by his or her special guardian/s or any other person/s with parental responsibility for the young person.
Depending on the service required, it may be more appropriate for the young person to seek support locally where now resident, (i.e. health care).
The outcome of the assessment will be notified to the young person along with any proposed service provision/s.
The Pathway Plan must be sent to the young person if services are being proposed. The Group Manager for the 16+/Leaving Care Team must sign this.
Where it is to include the provision of financial support this must be subject to agreement from the Funding Panel.
Support Services and Review procedures for the leaving care service as it relates to special guardianship are contained in the operational procedures of the 16+/Leaving Care Service.
21.2 Provision of Financial Support
Any provision of financial support to a young person, either directly or indirectly (e.g. provision of financial support for the provision of accommodation or education), can only ever be considered where the young person no longer lives with his or her special guardian/s and where the following criteria are met:
- There is no allowance being paid in respect of the young person to any person with Parental Responsibility for the child.
- The young person has an identified need for financial support in his or her own right and this need cannot be met through a claim for welfare benefits.
Any agreement for financial support in respect of a young person for the purpose of this section of the procedures, may only be agreed by the Funding Panel.
22. Outcomes of this Policy
Children who are placed under Special Guardianship Order and their families are given the support needed to ensure that the child has a permanent, stable and loving family who can provide for all their physical, emotional and developmental needs.
Disruptions will be minimised through the support given to maintaining a caring environment for the child and the family.
Appendix A - Special Guardianship Assessment and Court Report (Regulation 21)
Appendix B - Special Guardianship Support Plan
Appendix C - Standardised Means Test Model for Adoption and Special Guardianship Financial Support
Appendix D - Special Guardianship Allowances - Payment Scheme
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