Made | 4th April 2005 | ||
Laid before Parliament | 6th April 2005 | ||
Coming into force | 30th December 2005 |
1. | Citation, commencement and application |
2. | Interpretation |
3. | Prescribed services |
4. | Arrangements for securing provision of services |
5. | Services for persons outside the area |
6. | Circumstances in which financial support is payable |
7. | Remuneration for former foster parents |
8. | Payment of financial support |
9. | Cessation of financial support |
10. | Conditions |
11. | Request for assessment |
12. | Procedure for assessment |
13. | Assessment of need for financial support |
14. | Plan |
15. | Notice of proposal as to special guardianship support services |
16. | Notification of decision as to special guardianship support services |
17. | Reviews: general procedure |
18. | Review of financial support payable periodically |
19. | Urgent cases |
20. | Notices |
21. | Court report |
22. | Relevant authority for the purposes of section 24(5)(za) of the Act |
SCHEDULE | MATTERS TO BE DEALT WITH IN REPORT FOR THE COURT |
(2) In any case where -
then, for the purposes of the continued provision of financial support and any review of financial support, these Regulations shall have effect in relation to him as if he were still a child.
to discuss matters relating to special guardianship;
(c) assistance, including mediation services, in relation to arrangements for contact between a relevant child and -
(d) services in relation to the therapeutic needs of a relevant child;
(e) assistance for the purpose of ensuring the continuance of the relationship between a relevant child and a special guardian or prospective special guardian, including -
(2) The services prescribed in paragraph (1)(b) to (e) may include giving assistance in cash.
(3) For the purposes of paragraph (1)(e)(ii) respite care that consists of the provision of accommodation must be accommodation provided by or on behalf of a local authority under section 23 of the Act (accommodation of looked after children) or by a voluntary organisation under section 59 of the Act.
Arrangements for securing provision of services
4.
- (1) The following are prescribed for the purposes of section 14F(9)(b) of the Act (persons who may provide special guardianship support services) -
(2) In paragraph (1) -
Services for persons outside the area
5.
- (1) Section 14F of the Act (special guardianship support services) applies to a local authority in respect of the following persons who are outside the authority's area -
(2) But section 14F ceases to apply at the end of the period of three years from the date of the special guardianship order except in a case where the local authority are providing financial support under Chapter 2 and the decision to provide that support was made before the making of the order.
(3) Nothing in this regulation prevents a local authority from providing special guardianship support services to persons outside their area where they consider it appropriate to do so.
(2) Such support is payable only in the following circumstances -
(d) where the local authority consider that it is appropriate to contribute to the expenditure necessary for the purposes of 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.
Remuneration for former foster parents
7.
- (1) Financial support under this Chapter may include an element of remuneration but only where the decision to include it is taken before the special guardianship order is made and the local authority consider it to be necessary in order to facilitate arrangements for a person to become a special guardian in a case where -
(2) But that element of remuneration ceases to be payable after the expiry of the period of two years from the making of the special guardianship order unless the local authority consider its continuation to be necessary having regard to the exceptional needs of the child or any other exceptional circumstances.
Payment of financial support
8.
Financial support under this Chapter may be paid -
Cessation of financial support
9.
Financial support ceases to be payable to a special guardian or prospective special guardian if -
Conditions
10.
- (1) Where financial support is to be paid periodically it is not payable until the special guardian or prospective special guardian agrees to the following conditions -
and, where the information is given orally, to confirm it in writing within seven days;
(b) that he will complete and supply the local authority with an annual statement as to the following matters -
(2) The local authority may provide financial support subject to any other conditions they consider appropriate, including the timescale within which, and purposes for which, any payment of financial support should be utilised.
(3) Subject to paragraph (4), where any condition imposed in accordance with this regulation is not complied with, the local authority may -
(4) Where the condition not complied with is a failure to provide an annual statement in accordance with an agreement referred to in paragraph (1), the local authority shall not take any steps under paragraph (3) until -
(2) Paragraph (3) applies if the local authority receive a written request from or, in the case of a child, on behalf of any of the following persons (not being a person falling within paragraph (1)) for an assessment of his needs for special guardianship support services -
(3) The local authority must, if they are minded not to carry out an assessment, give the person notice of the proposed decision (including the reasons for it) and must allow him a reasonable opportunity to make representations in relation to that decision.
(4) Where the request of a person for an assessment relates to a particular special guardianship support service, or it appears to the local authority that a person's needs for special guardianship support services may be adequately assessed by reference to a particular special guardianship support service, the local authority may carry out the assessment by reference to that service only.
Procedure for assessment
12.
- (1) Where the local authority carry out an assessment of a person's needs for special guardianship support services they must have regard to such of the following considerations as are relevant to the assessment -
(2) The local authority must, where they consider it appropriate to do so -
(3) Where it appears to the local authority that the person may have a need for services from a Local Health Board, Primary Care Trust or local education authority, they must, as part of the assessment, consult that Local Health Board, Primary Care Trust or local education authority.
(4) After undertaking an assessment, the local authority must prepare a written report of the assessment.
Assessment of need for financial support
13.
- (1) This regulation applies where the local authority carry out an assessment of a person's need for financial support.
(2) In determining the amount of financial support, the local authority must take account of any other grant, benefit, allowance or resource which is available to the person in respect of his needs as a result of becoming a special guardian of the child.
(3) Subject to paragraphs (4) and (5) the local authority must also take account of the following considerations -
(4) The local authority must disregard the considerations in paragraph (3) where they are considering providing financial support in respect of legal costs, including court fees, in a case where a special guardianship order is applied for in respect of a child who is looked after by the local authority and the authority support the making of the order or an application is made to vary or discharge a special guardianship order in respect of such a child.
(5) The local authority may disregard any of the considerations in paragraph (3) -
(b) where they are considering including an element of remuneration under regulation 7.
(6) In paragraph (5)(a)(ii) "related person" means a relative of the child or any other person with whom the child has a relationship which appears to the local authority to be beneficial to the welfare of the child having regard to the factors specified in section 1(3) of the Act.
Plan
14.
- (1) This regulation applies in relation to the requirement in section 14F(6) of the Act for the local authority to prepare a plan in accordance with which special guardianship support services are to be provided.
(2) The local authority must prepare a plan if -
(3) Where it appears to the local authority that the person may have a need for services from a Local Health Board, Primary Care Trust or a local education authority, they must consult that Local Health Board, Primary Care Trust or local education authority before preparing the plan.
(4) The local authority must nominate a person to monitor the provision of the services in accordance with the plan.
Notice of proposal as to special guardianship support services
15.
- (1) Before making any decision under section 14F(5) of the Act as to a person's needs for special guardianship support services, the local authority must allow the person an opportunity to make representations in accordance with this regulation.
(2) The local authority must first give the person notice of the proposed decision and the time allowed for making representations.
(3) The notice must contain the following information -
(4) In a case where the local authority propose to provide special guardianship support services and are required to prepare a plan under section 14F(6) of the Act, the notice must be accompanied by a draft of that plan.
(5) The local authority shall not make a decision until -
Notification of decision as to special guardianship support services
16.
- (1) After making their decision under section 14F(5) of the Act as to whether to provide special guardianship support services to a person, the local authority must give the person notice of that decision, including the reasons for it.
(2) Where the local authority are required to prepare a plan under section 14F(6) of the Act, the notice must include details of that plan and the person nominated under regulation 14(4).
(3) If the local authority decide that financial support is to be provided, the notice given under paragraph (1) must include the following information -
(c) where financial support is to be paid as a single payment, when the payment is to be made;
(d) where financial support is to be paid subject to any conditions imposed in accordance with regulation 10(2), those conditions, the date (if any) by which the conditions are to be met and the consequences of failing to meet the conditions;
(e) the arrangements and procedure for review, variation and termination of financial support;
(f) the responsibilities of -
(3) Regulations 12 and 13 apply in relation to a review under this regulation as they apply in relation to an assessment under Chapter 3 of this Part.
(4) If the local authority propose to vary or terminate the provision of special guardianship support services to any person, before making any decision as a result of the review they must give the person an opportunity to make representations and for that purpose they must give him notice of the proposed decision and the time allowed for making representations.
(5) The notice must contain the information mentioned in regulation 15(3) and, if the local authority propose to revise the plan, a draft of the revised plan.
(6) The local authority must, having regard to the review and after considering any representations received within the period specified in the notice -
(7) The local authority must give the person notice of their decision (including the reasons for it) and, if applicable, details of the revised plan.
Review of financial support payable periodically
18.
- (1) This regulation applies where the local authority provide financial support for a person payable periodically.
(2) The local authority must review the financial support -
(3) In paragraph (2) a relevant change of circumstances is any of the changes that the person has agreed to notify under regulation 10.
(4) Regulations 12 and 13 apply in relation to a review under this regulation as they apply in relation to an assessment under Chapter 3 of this Part.
(5) If the local authority propose, as a result of the review, to reduce or terminate financial support or revise the plan, before making that decision, the local authority must give the person an opportunity to make representations and for that purpose they must give the person notice of the proposed decision and the time allowed for making representations.
(6) But paragraph (5) does not prevent the local authority from suspending payment of financial support pending that decision.
(7) The notice must contain the information mentioned in regulation 15(3) and, if applicable, a draft of the revised plan.
(8) The local authority must, having regard to the review, and after considering any representations received within the period specified in the notice -
(9) The local authority must give the person notice of their decision, including the reasons for it, and, if applicable, the revised plan.
the notice must be given to his special guardian or prospective special guardian (where applicable) or otherwise to the adult the local authority consider most appropriate.
2.
In respect of the child's family -
(k) in respect of the child's siblings under the age of 18 -
3.
In respect of the wishes and feelings of the child and others -
and the date on which the child's wishes and feelings were last ascertained.
(b) the wishes and feelings of each parent regarding -
and the date on which the wishes and feelings of each parent were last ascertained; and
(c) the wishes and feelings of any of the child's relatives, or any other person the local authority consider relevant regarding the child and the dates on which those wishes and feelings were last ascertained.
4.
In respect of the prospective special guardian or, where two or more persons are jointly prospective special guardians, each of them -
(f) details of any previous marriage, civil partnership, or relationship;
(g) where the prospective special guardians wish to apply jointly, the nature of their relationship and an assessment of the stability of that relationship;
(h) if the prospective special guardian is a member of a couple and is applying alone for a special guardianship order, the reasons for this;
(i) whether the prospective special guardian is a relative of the child;
(j) prospective special guardian's relationship with the child;
(k) a health history of the prospective special guardian including details of any serious physical or mental illness, any hereditary disease or disorder or disability;
(l) a description of how the prospective special guardian relates to adults and children;
(m) previous experience of caring for children;
(n) parenting capacity, to include an assessment of the prospective special guardian's ability and suitability to bring up the child;
(o) where there have been any past assessments as a prospective adopter, foster parent or special guardian, relevant details as appropriate;
(p) details of income and expenditure;
(q) information about the prospective special guardian's home and the neighbourhood in which he lives;
(r) details of other members of the household and details of any children of the prospective special guardian even if not resident in the household;
(s) details of the parents and any siblings of the prospective special guardian, with their ages or ages at death;
(t) the following information -
(u) details of any previous family court proceedings in which the prospective special guardian has been involved (which have not been referred to elsewhere in this report);
(v) a report of each of the interviews with the three persons nominated by the prospective special guardian to provide personal references for him;
(w) whether the prospective special guardian is willing to follow any wishes of the child or his parents in respect of the child's religious and cultural upbringing;
(x) the views of other members of the prospective special guardian's household and wider family in relation to the proposed special guardianship order;
(y) an assessment of the child's current and future relationship with the family of the prospective special guardian;
(z) reasons for applying for a special guardianship order and extent of understanding of the nature and effect of special guardianship and whether the prospective special guardian has discussed special guardianship with the child;
(aa) any hopes and expectations the prospective special guardian has for the child's future; and
(bb) the prospective special guardian's wishes and feelings in relation to contact between the child and his relatives or any other person the local authority considers relevant.
5.
In respect of the local authority which completed the report -
6.
A summary prepared by the medical professional who provided the information referred to in paragraphs 1(l) and 4(k).
7.
The implications of the making of a special guardianship order for -
8.
The relative merits of special guardianship and other orders which may be made under the Act or the Adoption and Children Act 2002 with an assessment of whether the child's long term interests would be best met by a special guardianship order.
9.
A recommendation as to whether or not the special guardianship order sought should be made in respect of the child and, if not, any alternative proposal in respect of the child.
10.
A recommendation as to what arrangements there should be for contact between the child and his relatives or any person the local authority consider relevant.
[3] 1977 c.49. Section 16BA was inserted by section 6 of the National Health Service Reform and Health Care Professionals Act 2002 (c.17).back
[4] 2000 c.14. See section 4(4).back
[5] 1996 (c.56). See section 324 of the 1996 Act.back