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Contents

1. Policy Background
2. Looked After Children
3. Children who are or were not Looked After

1. Policy Background

All applicants must give their local authority 3 months notice in writing that they are going to apply for an order, and local authorities are required to produce to the court a report on all children, not just those who are looked after, when an application is made. This report must include information about the child, the child's wishes, the child's birth family, contact arrangements, the prospective special guardian and recommendations about whether or not an order should be made (See the schedule to the relevant regulations for further details).

Bradford's policy seeks to clarify circumstances where a Special Guardianship order is requested in respect of a child who was previously "Looked After" and those children who were not previously "Looked After".

When an assessment  in respect of Special Guardianship is requested

The Act States  that the If any of the following make a request for an assessment this must be carried out:

• A child who is Looked After 
• Was looked after by the LA immediately before the SGO was made
• The special guardian or the prospective guardian of a looked after or previously looked after child 
• A parent of a looked after or previously looked after child

The Act states an assessment  may be requested  where a child is not (or was not) looked after by a local authority but there is no entitlement to an assessment for Special Guardianship support services,.

2. Looked After Children

These are children who are or were either subject to a Care Order  (Sec 31) or Section 20 Accommodation if the Children Act 1989

Court Reports

The child's social worker is responsible for completing reports for the court - see Special Guardianship Order Court Reports Procedure

Looked After children are most likely to become subject to Special Guardianship when either their foster carer or somebody with whom the child knows but  is not living with wishes to acquire Parental Responsibility and care for the child on a permanent basis. This may include a relative of the child or a non relative with whom the child has formed a relationship. See Assessment of Foster Carers or others who wish to Acquire Parental Responsibility Procedure

Arrangements for undertaking the assessment of Special Guardianship Support Needs. See Special Guardianship Order Support Procedure

Note- Where Special Guardianship is/was was not supported within the local authority care plan the guidance for Children who where not formerly Looked After- see below applies.

3. Children who are or were not Looked After

Court Reports 

Arrangements for the preparation of court reports is described in Special Guardianship Order Court Reports Procedure

Some prospective Special Guardians may have experienced difficulties as part the process of adjusting to taking on the care of a child. During this period the local authority may have provided short term support under  Section 17 of the Children Act 1989. This support may continue until the prospective Special Guardians circumstances are regularised either before or shortly after the Special Guardianship Order is made.

it is anticipated that in the majority of cases agency involvement will cease with the making of a Special Guardianship Order. Where there are further requests for service these will be dealt by the area social work team where the child lives. There may be particular circumstances where the Special Guardianship Support Team is consulted about specific issues that pertain to Special Guardianship.

End