Private Law Applications for a Special Guardianship Order

The prospective Special Guardian should contact the Local Authority (via First Contact who will allocate the case to the appropriate team) and provide written notification of his or her intention to apply for a Special Guardianship Order.

This should be allocated by the Team Manager/Social Work Consultant to a Social Worker in the appropriate team

The Social Worker should send written confirmation to the prospective Special Guardian acknowledging his or her notification within 5 days of the referral for the letter.

The Social Worker should then visit the prospective Special Guardian to produce a report on the suitability of the applicant (see Special Guardianship Order Court Report Template in the LCS workflow) within 5 days of the referral for the visit.

When completing the Special Guardianship Report the Social Worker must speak to the child alone.

The Social Worker should explain to the prospective Special Guardian potential access to support and services (including financial support which is primarily paid as transitional financial support and paid up to a maximum of two year which is subject to a financial assessment).

Where a request is made by the child, Special Guardian or the parent to carry out an assessment for Special Guardianship Order support (not previously Looked After) the local authority has the power to carry out an assessment for support. Where a decision is made not to do an assessment, written reasons for that decision must be provided and the prospective Special Guardian be given the opportunity to make representation regarding the decision.

Following an assessment for Special Guardianship Order support and where the local authority proposes to provide Special Guardianship support service to a person on more than one occasion and the services are not limited to the provision of advice or information, the Social Worker will prepare a written Special Guardianship Support Plan (template accessed by LCS – Special Guardianship Order Workflow) detailing the support needs of the Special Guardian, child and any birth relative. This support plan must contain (see support plan template):

• 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.

The Support Plan must be shared, discussed and agreed with the prospective Special Guardian (also must be signed/dated by prospective Special Guardian) two weeks prior to submitting to Special Guardianship Order Panel. The prospective Special Guardian should be provided with the opportunity to make representations regarding the content of the Plan.

Where financial support is to be paid it can be paid in most cases as one-off single lump sum or via instalments with agreement of the Special Guardian. Financial support can be paid periodically by a regular on-going payment but only where there it is to meet a need likely to give rise to recurring expenditure (Regulation 8 - Special Guardianship Order Regulations 2005).

All documentation (see Special Guardianship Order/Child Arrangement Order Panel Terms of Reference) must be submitted to Special Guardianship Order Panel 5 days prior to panel to seek approval prior to court hearing.

The Special Guardianship Order report will be filed with the Court. The Social Worker will attend court to address the contents of the report.

Children's Social Care will count time spent subject to a Special Guardianship Order when calculating a young person's leaving care entitlements under Section 24 of the Children Act 1989.