Special Guardianship Orders

1. Special Guardianship Orders An introduction for all staff working in Children�s Services

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3. What are they? Special Guardianship Orders are private law orders which came in with the Adoption and Children Act 2002. A Special Guardianship Order is an order appointing one or more individuals to be a child�s �Special Guardian�.

4. Rationale When the review of the law on Adoption took place it identified that there was no clear difference in disruption rates between adoption and long term fostering when age was taken into account but there were indications that children generally preferred the sense of security that adoption would bring over that of long term fostering. It also indentified that there were some children (usually older) who did not wish to make a complete break with their birth family but nonetheless still needed a degree of legal security.

5. More Permanent than a residence order. Less Permanent than a adoption order. Does not sever the birth family relationship. An order parents needs leave of court to apply for revocation of. Most suited to children in permanent care or those who do not wish for a complete break from their birth family

6. How is special guardianship different from adoption? Unlike adoption, special guardianship: Does not end the legal relationship between the child and her/his birth parents The child�s birth parents continue to have some parental responsibility for the child and must be consulted on certain matters Does not involve in the child�s birth certificate being replaced Can be varied or discharged

11. Legislation � where do I find information about the SGO? Created by s.115 ACA 2002 but inserts a new s.14A-G in the Children Act 1989. Special Guardianship Regulations 2005- particularly in relation to Special Guardianship support services. Regulation 21 also makes clear the information that has to be provided to the court in the form of a report before the court has any jurisdiction to make the order. Special Guardianship Guidance produced at the time by the Department of Education and Skills. The social worker also has access to the County Council�s policy and procedure guidance on Special Guardianship through George.

12. Effects of the SGO Gives the Special Guardian enhanced PR. Does not affect any rights a parent has in relation to the child�s adoption or placement for adoption. Does not affect the operation where the law requires the consent of more than one person with PR in a matter affecting a child. Can�t be known by another name or remove from the UK (except for removal of less than 3 months) without consent or leave of the court If a child dies the Special Guardian must take all reasonable steps to inform each parent of the child death.

13. The advantages of a Special Guardianship Order For the carer, a Special Guardianship Order makes the care arrangements more legally secure than other options such as a Residence Order. It enables the child to maintain stronger links with their birth family than if they were adopted. It also allows carers to have more control over decisions about the child�s care, although parents retain some rights and responsibilities. For older children, Special Guardianship Orders can strike the balance between their need for a safe, stable, caring home throughout their childhood and their need to keep links with their parents because of strong existing relationships

14. The advantages of a Special Guardianship Order There are also certain situations where special guardianship may be appropriate. Prospective carers from minority ethnic groups may wish to offer a child a permanent family but 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 have strong attachments to their families abroad

15. Rights to apply Anyone with a residence order on the child A Local Authority foster carer who has had the child for 1 year Anyone who has had care of child for 2 out of last 5 years Anyone with consent of the Local Authority (for child in care) of those with Parental Responsibility Other applicants will need to apply to the court for leave to apply

16. Rights to apply cont. Court can make an order of its own motion but requires a report under Schedule. 21. It can also impose an order on an unwilling party (i.e. A party whose application is for an Adoption Order.

17. Effects of an SGO Lasts until child is 18 years old Discharges an existing care order Although parents retain parental responsibility, Guardian can exercise parental responsibility for the child to the exclusion of them

18. Effects of an SGO cont. Except: Cannot change name or remove from UK for more than 3 months Cannot override Parental Responsibility in relation to the child's adoption

19. Effects of an SGO cont. Each person with Parental Responsibility would need consent to marriage, sterilisation and be notified of a child�s death etc. S.8 Orders can also apply and should always be considered prior to the making of the order

21. Process For children in care, SGO as a means of permanence should be a recommendation from a child care review Notification will be made to the Head of Regulated Services

22. Format for SGO Schedule 21 provides the format of applications to court Completion will be the responsibility of the child�s Social Worker and relevant Supervising Social Worker For children placed in foster care � this will be the Supervising Social Worker � Fostering For children subject to Private Law or Care proceedings � this will be Supervising Social Worker � Adoption Counselling for applicants and birth parents will be the responsibility of the relevant Social Worker

23. The Investigation The social worker will consider suitability The list of topics contained in Schedule 21 i.e. the child, family, prospective special guardian, wishes and feelings of the child and others, medical issues etc� Implications of making such an order Relative merits of all the various orders available to the court Any other matter which the Local Authority considers relevant Must conclude with a recommendation as to the SGO and contact issues. If no SGO recommendation � alternatives

24. Checks & References These are the responsibility of the Supervising Social Worker In line with standard fostering and adoption checks

25. Is support available for special guardians? Yes � all special guardians are entitled to make an application to the local authority to be assessed for support services. Support services can include Therapy for the child Training for the special guardian In some circumstances, financial assistance Support groups Counselling and advice Help with contact between the child and their birth family

26. Special Guardianship Support Plan This requires completion alongside the Schedule 21 � Responsibility of Social Worker and Supervising Social Worker Includes: Health Therapeutic Support Education Contact Arrangements Financial Support Upon completion requires Head of Service authorisation Review required annually, Lead responsibility for review is the Team Manager for the respective Fostering or Adoption team Any special Guardian can request and assessment for support (Responsibility of Authority where child last looked after � for three years post order)

27. Review of support plans These are to be done annually Involve financial re-assessment Visit to family Consultation with key agencies

28. Financial Support Financial support must compliment financial support available via the tax credit and child benefit systems Financial Support may be provided where: It is necessary for the child to be looked after Where child has special needs which requires greater expenditure of resources Local Authority considers it appropriate to contribute to the SGO application One off payments to assist with providing suitable accommodation Carers previously fostered child with an element of remuneration � Payable for 2 years post order

29. Financial Support All special guardians will be required to complete a financial assessment prior to payment of financial support This will be repeated on an annual basis

30. Financial Support for Foster Carers Foster Carers will receive equivalent of fostering allowance less child benefit and tax credits entitlement, where the application is supported. However this does not extend to children under 2 years This will include the additional 4 weeks Where support is required � Carers will remain open to the fostering service The fostering service will be responsible for the co-ordination and review of SGO support plans

31. Case study The Daley's & Emma

33. The Daley's Family details Kathleen Daley- White, English descent- Age 47 (dob. 5.8.59) Full-time foster carer Paul Daley- White, English descent Age 45 (dob. 23.12.61) Salesman for a local car showroom Kathleen and Paul Daley are practising Roman Catholics and were married in 1986. Michael Birth Son dob. 3.3.88 Lives at home, studying at local college for HND. Nicola Birth Daughter dob. 14.7.90 Lives at home, attends local comprehensive school Emma Taylor Long-term foster daughter

42. Parental responsibility Assume there is a Special Guardianship Order in force. Emma decides she wants to have the surname �Daley� � who would need to agree to this and what would need to be done?

43. Suggested answer All those with parental responsibility would need to agree or there would need to be leave of the court.

48. Congratulations you have completed this e-learning module Please click on this link for more information and to download the procedures for Special Guardianship orders http://www.lincolnshire.gov.uk/specialguardianshiporders Please click on this link to register that you have completed the module, this link also allows you to ask questions you may have relating to SGO http://www.lincolnshire.gov.uk/sgo