The Special Guardianship Regulations 2005
| Jurisdiction | UK Non-devolved |
| Citation | SI 2005/1109 |
| Year | 2005 |
2005 No. 1109
CHILDREN AND YOUNG PERSONS, ENGLAND
SOCIAL CARE, ENGLAND
The Special Guardianship Regulations 2005
Made 4th April 2005
Laid before Parliament 6th April 2005
Coming into force 30th December 2005
The Secretary of State for Education and Skills, in exercise of the powers conferred on her by sections 14A(8)(b), 14F, 24(5)(za), and 104(4) of the Children Act 19891, hereby makes the following Regulations:–
PART 1
INTRODUCTORY
Citation, commencement and application
1.—(1) These Regulations may be cited as the Special Guardianship Regulations 2005 and shall come into force on 30th December 2005.
(2) These Regulations apply to England only.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Children Act 1989;
“couple” has the same meaning as in section 144(4) of the Adoption and Children Act 20022;
“Local Health Board” means a Local Health Board established by the National Assembly for Wales under section 16BA of the National Health Service Act 19773;
“prospective special guardian” means a person—
(a) who has given notice to a local authority under section 14A(7) of the Act of his intention to make an application for a special guardianship order in accordance with section 14A(3) of the Act; or
(b) in respect of whom a court has requested that a local authority conduct an investigation and prepare a report pursuant to section 14A(9) of the Act;
“relevant child” means a child in respect of whom—
(a) a special guardianship order is in force;
(b) a person has given notice to a local authority under section 14A(7) of the Act of his intention to make an application for a special guardianship order in accordance with section 14A(3) of the Act; or
(c) a court is considering whether a special guardianship order should be made and has asked a local authority to conduct an investigation and prepare a report pursuant to section 14A(9) of the Act.
(2) In any case where—
(a)
(a) a person aged 18 or over is in full-time education or training; and
(b)
(b) immediately before he reached the age of 18, financial support was payable in relation to him under Chapter 2 of Part 2 of these Regulations,
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.
PART 2
SPECIAL GUARDIANSHIP SUPPORT SERVICES
CHAPTER 1
PROVISION OF SERVICES
Prescribed services
3.—(1) For the purposes of section 14F(1)(b) of the Act the following services are prescribed as special guardianship support services (in addition to counselling, advice and information)—
(a)
(a) financial support payable under Chapter 2;
(b)
(b) services to enable groups of—
(i) relevant children;
(ii) special guardians;
(iii) prospective special guardians; and
(iv) parents of relevant children,
to discuss matters relating to special guardianship;
(c)
(c) assistance, including mediation services, in relation to arrangements for contact between a relevant child and—
(i) his parent or a relative of his; or
(ii) any other person with whom such a 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;
(d)
(d) services in relation to the therapeutic needs of a relevant child;
(e)
(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—
(i) training for that person to meet any special needs of that child;
(ii) subject to paragraph (3), respite care;
(iii) mediation in relation to matters relating to special guardianship orders.
(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)—
(a)
(a) a registered adoption society;
(b)
(b) a registered adoption support agency;
(c)
(c) a registered fostering agency;
(d)
(d) a Local Health Board or Primary Care Trust;
(e)
(e) a local education authority.
(2) In paragraph (1)—
(a)
(a) “registered adoption society” has the same meaning as in the Adoption and Children Act 2002;
(b)
(b) “adoption support agency” has the same meaning as in the Adoption and Children Act 2002 and “fostering agency” has the same meaning as in the Care Standards Act 20004and “registered” in relation to any such agency means that a person is registered in respect of it under Part 2 of the Care Standards Act 2000.
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—
(a)
(a) a relevant child who is looked after by the local authority or was looked after by the local authority immediately before the making of a special guardianship order;
(b)
(b) a special guardian or prospective special guardian of such a child;
(c)
(c) a child of a special guardian or prospective special guardian mentioned in sub-paragraph (b).
(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.
CHAPTER 2
PROVISION OF FINANCIAL SUPPORT
Circumstances in which financial support is payable
6.—(1) Financial support is payable under this Chapter to a special guardian or prospective special guardian—
(a)
(a) 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
(b)
(b) to support the continuation of such arrangements after a special guardianship order is made.
(2) Such support is payable only in the following circumstances—
(a)
(a) where the local authority consider that it is necessary to ensure that the special guardian or prospective special guardian can look after the child;
(b)
(b) where the local authority consider that the child needs special care which requires a greater expenditure of resources than would otherwise be the case because of his illness, disability, emotional or behavioural difficulties or the consequences of his past abuse or neglect;
(c)
(c) where the local authority consider that it is appropriate to contribute to any legal costs, including court fees, of a special guardian or prospective special guardian, as the case may be, associated with—
(i) the making of a special guardianship order or any application to vary or discharge such an order;
(ii) an application for an order under section 8 of the Act;
(iii) an order for financial provision to be made to or for the benefit of the child; or
(d)
(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—
(a)
(a) the special guardian or prospective special guardian has been a local authority foster parent in respect of the child; and
(b)
(b) an element of remuneration was included in the payments made by the local authority to that person in relation to his fostering the child.
(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—
(a) periodically, if it is provided to meet a need which is likely to give rise to recurring expenditure; or
(b) in any other case by a single payment or, if the local authority and the special guardian or prospective special guardian agree, by instalments.
Cessation of financial support
9. Financial support ceases to be payable to a special guardian or prospective special guardian if—
(a) the child ceases to have a home with him;
(b) the child ceases full-time education or training and commences employment;
(c) the child qualifies for income support or jobseeker’s allowance in his own right; or
(d) the child attains the age of 18 unless he continues in full-time education or...
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