Applications for Special Guardianship Orders

1. Introduction

Special Guardianship offers an option for children needing permanent care outside their birth family. It can offer greater security without absolute severance from the birth family as in adoption.

It can meet address the needs of a significant group of children, mainly older, who need a sense of stability and security but who do not wish to make the absolute legal break with their birth family that is associated with adoption. It also provides an alternative for achieving permanence in families where adoption, for cultural or religious reasons, is not an option.

A Special Guardianship Order offers greater stability and legal security to a placement than a Child Arrangements Order - if the child's parents wish to apply for variation or discharge of the order, they must obtain leave of the court.

Special Guardians have Parental Responsibility for the child and, whilst this is shared with the child's parents, the Special Guardian has the ability to exercise this responsibility without seeking permission from the parents.

A Special Guardianship Order made in relation to a Looked After Child replaces the Care Order and the Birmingham Children's Trust no longer has Parental Responsibility. A Care Order, however, does not automatically revoke a Special Guardianship Order although the Special Guardian's exercise of Parental Responsibility is restricted as the Birmingham Children's Trust has primary responsibility for decision-making under the Care Order.

For further details about the Special Guardianship as a permanence option for Looked After Children, see Permanence Guidance.

2. Who May Apply?

Applications for Special Guardianship may be individual or joint. Joint applicants do not need to be married. Special Guardians must be 18 or over. A court may make a Special Guardianship Order in respect of a child on the application of:

• Any guardian of the child;
• Any Children's Trust or Local Authority foster carer with whom the child has lived for one year immediately preceding the application [1];
• A relative with whom the child has lived for a period of at least one year immediately preceding the application;
• Anyone who holds a Residence Order with respect to the child, or who has the consent of all those in whose favour a Child Arrangements Order is in force;
• Anyone with whom the child has lived for three out of the last five years;
• Where the child is in the care of Birmingham Children's Trust, any person who has the consent of the Birmingham Children's Trust;
• Anyone who has the consent of all those with parental responsibility for the child;
• Any person, including the child, who has the leave of the court to apply.

The Court may also make a Special Guardianship Order in any family proceedings concerning the welfare of the child. This applies even where no application has been made and includes adoption proceedings.

Any person who wishes to apply for a special guardianship order must give three months' written notice to the Birmingham Children's Trust of their intention to apply. The only exception to this is where a person has the leave of the court to make a competing application for a Special Guardianship Order where an application for an Adoption Order has already been made.

The parents of a child may not apply to become their own child's Special Guardians.

[1] A person who is, or was at any time within the last 6 months, a Local Authority foster parent of a child may not apply for leave to apply for an SGO unless (s)he has the consent of the Local Authority/Trust, or (s) he is a relative of the child or the child has lived with him for at least one year preceding the application.

3. Parental Responsibility

The Special Guardian will have Parental Responsibility for the child and will have clear responsibility for the day-to-day decisions about caring for the child to the exclusion of anyone else who might have Parental Responsibility (apart from another Special Guardian).

The child's parents will continue to hold Parental Responsibility but their exercise of it will be limited.

The special guardian cannot consent to the child's adoption or placement for adoption. The special guardian cannot consent to the child's adoption or placement for adoption. The Special Guardian must also take reasonable steps to inform the parents if the child dies (see Section 16, Urgent Cases).

In addition there are certain steps in a child's life which require the consent of every-one with Parental Responsibility or the leave of the court, for example:

• Causing the child to be known by a different surname; or Removing the child from the United Kingdom for longer than three months.

For the avoidance of doubt, a child is any child or young person under the age of 18 years.

4. The Circumstances in which a Special Guardianship Order may be Made

The Court may make a Special Guardianship Order in any family proceedings concerning the welfare of the child and following an assessment by the local authority. This applies even where no application has been made, and includes adoption proceedings.

Any person making an application for a Special Guardianship Order must give 3 months' written notice to their Local Authority/Trust of their intention to apply. In relation to a Looked After Child, the notice will go to the Local Authority/Trust looking after the child. In all other cases, the notice will be sent to the Local Authority/Trust for the area where the applicant resides. The Local Authority/Trust receiving the notice will then have a duty to provide a report to the Court.

The only exception to the requirement for 3 months' notice is where the Court has granted leave to make an application and waived the notice period.

Where the Birmingham Children's Trust has received notice from an applicant or a request for a report from the Court, it should send written information about the steps it proposes to take in preparing the report to the prospective Special Guardian and the parents of the child in question. This should include information about Special Guardianship support services and how to request an assessment of needs for support.

5. Commissioning the Assessment

Once notice has been received that an application for Special Guardianship is to be made, the notice should be passed the Team Manager, Special Guardianship and Connected Persons Assessment, who will allocate responsibility for the assessment to a social worker.

The social worker preparing the Court report should be suitably qualified and experienced. There are no specific requirements as to the level of qualification or experience required and the Team Manager is responsible for ensuring that the allocated worker is competent to write the report.

In all cases there will need to be:

• An assessment of the current and likely future needs of the child (including any harm the child has suffered and any risk of future harm posed by the child's parents, relatives or any other person the Birmingham Children's Trust considers relevant). Where the assessment identifies that the child requires services from an agency other than Children’s Social Care, the social worker should consult with the relevant Integrated Care Board (ICB) or Local Education Authority;
• An assessment of the prospective Special Guardian's parenting capacity including:
  1. Their medical history; DBS checks, references and other statutory checks; any previous assessment undertaken in respect of the prospective special guardian; any likely impact the Special Guardianship Order may have on relationships between the child and the parent;
  2. Their understanding of, and ability to meet the child's current and likely future needs, particularly, any needs the child may have arising from harm that the child has suffered;
  3. Their understanding of, and ability to protect the child from any current or future risk of harm posed by the child's parents, relatives or any other person the Birmingham Children's Trust consider relevant, particularly in relation to contact between any such person and the child;
  4. Their ability and suitability to bring up the child until the child reaches the age of eighteen.

The proposed contact arrangements and the support needs (see Section 12, Assessment for Support) of the child, parents/those who have parental responsibility and the prospective special guardian.

6. Approval of Special Guardianship for Looked After Children

6.1 General

Special Guardianship as an outcome for a Looked After child must be approved by the Designated Manager (Special Guardianship).

6.2 Special Guardianship Applications in Care Proceedings

Best Practice Guidance on Special Guardianship (Public Law Working Group, 2021) notes that where there are safeguarding or welfare concerns about a child, the statutory guidance is clear about the importance of local authorities engaging with the parents and the wider family network at an early stage through a Family Group Conference (see Family-led Practice Policy): the FGC should be used to share information, resolve possible disputes and conflicts with the local authority and to address long - standing tensions within the family. The pre-proceedings phase of the Public Law Outline (PLO) provides an important opportunity to engage the parents and family members in discussions about the future care of the child. In assessing the appropriateness of any potential applicants, the local authority must assess whether any option would not be consistent with the child's welfare, or, would not be reasonably practicable.

Whilst Relaunching the PLO made clear the importance of aiming to meet the statutory requirement of completing each public law case within 26 weeks, Timetabling and timescale for full family and Friends Assessments (Family Justice Council) provides that:

‘This document serves to remind social workers, Guardians, lawyers, and the judiciary regarding the process required to be incorporated into any timescales for a full Family and Friends Assessment to be done to an appropriate standard, so as to provide for a sufficient (usually 12 week) assessment period to undertake the complex requirements inherent in any full assessment. Delay for children is always to be avoided, but nothing in the Public Law Outline, primary legislation, or jurisprudence requires corners to be cut in coming to a safe evidenced conclusion, that places the welfare of the child at the heart of any recommendation or decision’.

Assessments should be robust, evidence-based and child-focused. Before the assessment, the prospective carers should be provided with full information about:

1. What the assessment will involve;
2. The time and commitment needed from them;
3. A letter should be sent explaining the expectations of the carers and what they should think about during the process.

The assessment should carefully balance the strengths families may have: consider any existing relationships they have with the child; explore their parenting experience; the significance for the child of remaining within their family and network, against the carers' capacity to meet the assessed needs and the challenges that a particular child may bring on a long-term basis (including any additional needs as a result of significant harm or neglect they may have experienced), and until their 18th birthday.

In recognising that each situation will be looked at on a case-by-case basis, an interim placement with the proposed special guardians may be appropriately considered to both establish relationships between the child and special guardians and confirm the applicants' ability to carry out their parenting responsibilities, meet the needs of the child and promote their welfare and best interests.

The child's Looked After Review should make a recommendation regarding the outcome of the Care proceedings for the child's Care Plan and this should be approved by the Designated Manager (Special Guardianship).

Final recommendations should not be made until the essential tasks and activities for a full Special Guardianship Order assessment are completed.

A Supervision Order should not be sought as a means to ensure support and services are provided by the local authority (or as a form of 'safety net' for a child). Where considered necessary, the report should detail the reasons why such an Order is required.

The prospective carers should have time to read the assessment report before it is filed and comment on the report.

Following the filing of the report, the prospective carers should be given the opportunity to seek independent advice and legal advice to understand fully the implications of any Orders made and if need be, make applications of their own.

A Special Guardianship Support Plan will need to be provided around the time of filing the Special Guardianship Order report and its recommendation, detailing the support to be provided to the carers and the child and include contact for the child with their birth parents. The potential applicants should be able to seek legal advice about the Support Plan.

6.3 Placement before a Special Guardianship Order (SGO) is Granted

The Best Practice Guidance (2021) (Public Law Working Group) states that where there is little or no prior connection/relationship between the child and the prospective Special Guardian, it is very likely to be in the child's best interests to be cared for on an interim basis by the prospective Special Guardian in order to establish a meaningful relationship with the child.

Where the interim plan for the placement of the child with the proposed Special Guardian is endorsed by the court, a timetable will need to be prepared that enables the proceedings to be concluded. That timetable will set out:

• The legal framework (as set out in Sub-appendix B) that authorises the placement of the child with the prospective Special Guardian until either the SGO is made or the care proceedings are concluded by other means;
• The period of time required for a robust evidence base to be established about the quality of care of the child by the prospective Special Guardian that will inform the court report. There are a number of factors that will need to be taken into account in agreeing this time period, such as:
  1. any prior parenting experience by the prospect Special Guardian of the child;
  2. the identified needs of the child and any issues which have been identified and addressed as the child settles into the placement;
  3. any wishes or feelings the child may have in light of their age and understanding;
  4. any specific training or support that might be needed by the prospective Special Guardian or the child;
  5. the relationship that the prospective Special Guardian has with the parents of the child and other family members, as well as the significance of those relationships. Both from the child's point of view and those of the prospective Special Guardian, the on-going relationship within the family must be explored for the benefits and, where they exist, the risks.

An agreed plan must be completed on a case-by-case basis that enables each of the issues fully and realistically to be addressed. As the relationship between the prospective Special Guardian and the child develops, specific questions and issues will arise that will further inform the detail of what needs to be explored.

Alongside the plan, the court will draw up a timetable for the outstanding issues that need to be resolved before a final order is made. As the interim guidance makes clear, that timetable should be dictated by the facts of the particular case. It is anticipated that this will be no more than 12 months from the interim placement of the child with the prospective Special Guardian. Where the evidence indicates that this may be through an SGO, this will include the preparation and submission of a report to the court which is evidence-based and compliant with the Special Guardianship Regulations 2005, as amended. In drawing up the timetable, the parties and the court should consider:

• Whether the prospective Special Guardian should make a formal application (if they have not already done so) for an SGO; and, if so, whether leave to make that application is required;
• Alternatively, the court will, in due course, subject to the court report prepared by the local authority, make an order of its own motion.

If the court approves an extension, consideration will need to be given to the legal framework. It may not be possible for the child to be placed pursuant to an interim care order under the current regime imposed by Regulation 24 of The Care Planning, Placement and Case Review (England) Regulations 2010. In these circumstances, an alternative approach would be placement pursuant to section 8 of the Act: a Child Arrangements Order and an Interim Supervision Order to provide support for the placement, particularly during any transition period. The court should bear in mind the consequences arising out of any change to the legal framework, particularly if it impacts upon the child's status as a looked after child pursuant to section 22 of the Act (since April 2016 children cared for by special guardians who were 'looked after' immediately before the Special Guardianship Order was granted have been eligible for the Adoption and Special Guardianship Support Fund (ASGSF). The ASGSF provides funds to local authorities and regional adoption agencies to pay for essential therapeutic services for eligible adoptive and special guardianship order families).

7. Report for the Court

The social worker or social workers preparing the Court report should be suitably qualified and experienced. All assessments/suitability reports must comply with the schedule set out in regulation 21 of the Special Guardianship Regulations 2005 (as amended 2016). See: Court Reports in Placement Order Applications and Adoption/Special Guardianship Guidance, Special Guardianship - Matters to be Dealt with in Report for the Court.

(Where local authorities commission assessments from independent social workers, it is essential that there is clarity about the standard of the assessment commissioned before it is filed).

When the Court Report is complete it should be signed by both the assessing social worker and the Team Manager, Special Guardianship and Connected Person Assessments.

See Court Reports in Adoption/Special Guardianship Guidance for what is required to be included in the report.

8. Variation and Discharge of Special Guardianship Order

A Special Guardianship Order can be varied or discharged on the application of:

• The Special Guardian;
• The Local Authority/Trust in whose name a Care Order was in force before the Special Guardianship Order was made;
• Anyone with a Residence Order/Child Arrangements Order in respect of the child before the Special Guardianship Order was made;
• With the leave of the court:
  • The child's parents or guardians;
  • Any step parent who has Parental Responsibility;
  • Anyone who had Parental Responsibility immediately before the Special Guardianship Order was made;
  • The child (if the court is satisfied that the child has sufficient understanding).

Where the applicant is not the child and the leave of the court is required, the court may only grant leave if there has been a significant change in circumstances since the Special Guardianship Order was made.

The court may vary or discharge the Order in the absence of an application during any family proceedings in which a question arises about the welfare of a child who is subject to a Special Guardianship Order.

9. Special Guardianship Support

The Birmingham Children's Trust must make arrangements for the provision for a range of support services in their area to meet the needs of people affected by Special Guardianship.

Special Guardianship support services are defined as:

• Financial support (see Section 14, Financial Support);
• Services to enable groups of children for whom a Special Guardianship Order is in force or in respect of whom is being formally considered, special guardians and prospective special guardians, and parents of the child to discuss matters relating to special guardianship;
• Assistance, including mediation services, in relation to contact between the child and their parents or relatives or any other person with whom the child has a relationship that the Local Authority/Trust considers to be beneficial to the welfare of the child;
• Therapeutic services for the child;
• Assistance for the purpose of ensuring the continuance of the relationship between the child and their special guardian or prospective special guardian, including training for the special guardian or prospective special guardian to meet any special needs of the child; respite care; and mediation in relation to matters relating to Special Guardianship Orders; and
• Counselling, advice and information.

Where the support provided includes respite care requires that the child is Looked After for the period of the respite care to ensure that appropriate safeguards are in place.

Special Guardianship Support will be subject to the approval of the Designated Manager (Special Guardianship Support and Child Arrangements Order Allowances).

The provision of any services (other than counselling, advice and information) may include cash assistance (for example cash to pay a babysitter to facilitate a break etc.). When cash is provided in this way it should not be means tested as it is being given as part of a service rather than as financial support.

Support services should not be seen in isolation from mainstream services and it is important to ensure that families are assisted in accessing mainstream services and are aware of their entitlements to tax credits and social security benefits.

Where the child was previously Looked After, responsibility for the assessment and provision of services for the child, the Special Guardian and any children of the Special Guardian all remain the responsibility of the Local Authority/Trust where the child was last looked after for three years after the making of a Special Guardianship Order. Thereafter the Local Authority/Trust where the Special Guardian lives will be responsible assessing and providing support services.

If a child is not Looked After, the Local Authority/Trust where the Special Guardian lives has the responsibility for assessing and providing support services. This includes assessment and any support that is needed by the child's relatives who may live elsewhere. If the special guardian and their family move, then the responsibility passes to the new Local Authority/Trust. The Local Authority/Trust where the special guardian previously lived should cooperate as needed to ensure a smooth transition for the child.

Ongoing financial support (i.e. that paid on a regular basis), which was agreed before the Special Guardianship Order is made remains the responsibility of the Local Authority/Trust that agreed it so long as the family qualify for payments.

Local Authorities/Trusts may also provide services to people outside their area in other circumstances where the authority considers it appropriate. For example, transitional arrangements by the originating authority where a family move to allow time for the new authority to review the family's existing plan without a break in service provision.

In addition to the support provided by Local Authorities/Trusts the Adoption and Special Guardianship Support Fund in England also covers therapeutic support for children, living in England, who were previously in care immediately before the making of a Special Guardianship Order.

10. Payment of Legal Fees to Enable an Application for a Special Guardianship Order

Birmingham Children's Trust may consider paying a contribution toward legal fees to facilitate an application for a Special Guardianship Order. This scheme is described in the Allowances under a Child Arrangement Order.

11. Entitlement to Assessment for Special Guardianship Support

Where the child is Looked After or was Looked After immediately prior to the making of the Special Guardianship Order, the following people MUST receive an assessment at their request:

• The child;
• The Special Guardian or prospective Special Guardian;
• A parent;

Where the child is not Looked After or was not Looked After immediately prior to the making of the Special Guardianship Order, the following people MAY be offered an assessment of their need for Special Guardianship support services:

• The child;
• The Special Guardian or prospective Special Guardian;
• A parent.

In all cases, whether the Special Guardianship child is looked after or not, the following people also MAY be offered an assessment of their need for Special Guardianship support services:

• A child of the Special Guardian;
• Any person with a significant ongoing relationship with the child.

If a Local Authority/Trust decides not to assess in cases where they have discretion as above, they must notify the decision in writing, including reasons for the decision, to the person making the request. The person who requested the assessment must be allowed at least 28 days to make representations in relation to the decision.

It will not always be necessary to undertake an assessment before providing information, advice or counselling services. However, if the Birmingham Children's Trust is considering providing any of the support services (see listing above) then a full assessment should be carried out. However where a request relates to a particular service or where it is clear that a particular service is what is required, then the assessment process can be limited to looking at the need for that service.

12. Assessment for Support

The assessment should be based on the Assessment Framework and include the following:

• The developmental needs of the child;
• The parenting capacity of the Special Guardian or prospective Special Guardian;
• Family and environmental factors which have shaped the life of the child;
• What the life of the child might be like with the Special Guardian;
• Any previous assessment undertaken in respect of the child, the Special Guardian or the prospective Special Guardian;
• The needs of the Special Guardian or prospective Special Guardian and their family;
• The likely impact of the Special Guardianship Order on any pre-existing relationship between the child, parent and Special Guardian.

Assessments for special guardianship support services should follow the guidance set out in, and use the domains of, the Assessment Framework, recognising that the context is different from that for birth families. This takes into account the child's developmental needs, the parenting capacity of the special guardian and consideration of the family and environmental factors that together help to explain the child's life so far and what life might be like with the new family.

Consultation with the relevant Integrated Care Board and Local Educations Authority should form part of the assessment process, and the person whose needs are being assessed should be interviewed unless the assessment relates only to information and advice or unless it is not appropriate to interview a child. In this case the child's actual or prospective special guardian may be interviewed.

The assessment process should be flexible and should not delay provision of appropriate services.

After the assessment has been undertaken the Birmingham Children's Trust is required to prepare a written report of the assessment.

Special Guardianship Support will be subject to the approval of the Designated Manager (Special Guardianship Support and Child Arrangements Order Allowances).

At the end of the assessment and once the necessary approval has been obtained, the social worker must inform the person requesting provision of its outcome, including:

• Information about the outcome of the assessment and the reasons for it;
• Where it relates to financial support, the basis on which this is determined;
• The services (if any) that the Birmingham Children's Trust proposes to provide to help meet the child's needs;
• If financial support is to be paid, the amount and conditions attached.

13. The Special Guardianship Support Plan

Where an assessment identifies the need for ongoing support services, a Special Guardianship Support Plan must be completed. This Plan should be based upon the lived experience of the child and the lived experience of the prospective Special Guardian.

Other agencies, such as education and health, may need to be consulted about the contents of the Plan.

The Plan should be written in such a way that everyone affected can understand and set out:

1. The services to be provided;
2. The objectives and criteria for success;
3. Timescales for provision;
4. Policies for review;
5. A named person to monitor the provision of services in accordance with the Plan;
6. Contact Arrangements between the child and parent(s) which should include: Type of contact, frequency and duration; who is responsible for making the arrangements of contact; what practical arrangements need to be provided to facilitate contact and what professional support and assistance, if any, will be provided to the special guardian;
7. Any harm that the child may have suffered and the capacity of the prospective Special Guardian to enable the child's developmental recovery from that harm.

Special Guardianship Support will be subject to the approval of the Designated Manager (Special Guardianship Support and Child Arrangements Order Allowances).

Once the necessary approval has been obtained, the social worker must send the proposed plan to the person requesting support, and allow 28 days for that person to make representations about the proposed plan. The social worker should also give information to the person concerned about who to contact to obtain independent advice and advocacy.

Where representations are received, they should be referred to the Designated Manager (Special Guardianship Support and Child Arrangements Order Allowances) to decide whether to amend or confirm the Plan. A final notice of the authority's decision must then be given to include the following:

1. Details of the plan and the name of the person nominated to monitor the provision of services;
2. Where financial support is to be provided:
   1. The method of determination of the amount of financial support;
   2. The amount, frequency, start date and period of any payment in instalments;
   3. When any single payment is to be made;
   4. Details of any conditions and the date by which those conditions are to be met;
   5. The arrangements and policy for review, variation and termination of financial support;
   6. The responsibility of the authority in relation to reviews and of the Special Guardian in respect of any conditions.

14. Review of Special Guardianship Support Plans

Special Guardianship Support Services (other than financial support payable periodically) must be reviewed:

• If there is any change of circumstances affecting the support;
• At such stage of the implementation of the plan as is considered most appropriate;
• In any event at least annually.

Where services are being reviewed the same policy for assessment must be followed as in a first assessment.

Any change to the Special Guardianship Support Plan will be subject to the approval of the Designated Manager (Special Guardianship Support and Child Arrangements Allowances). Local arrangements will determine whether any additional approval is required for changes to financial support.

If the Birmingham Children's Trust decides to vary or terminate the provision of support after the review, notice in writing must be given.

The format and content of the review will vary depending on the circumstances of the case. Notification of changes of circumstances and any review of the provision of support services need not always necessitate direct contact between the Birmingham Children's Trust and the special guardian. Where the change of circumstances is relatively minor the review might be limited to an exchange of correspondence. In particular, the annual review of financial support might be achieved by exchange of correspondence between the Birmingham Children's Trust and the special guardian. Where the change of circumstances is relevant only to one service the review may be carried out with reference only to that service. However, where the change of circumstances is substantial, for example, a serious change in the behaviour of the child, it will normally be appropriate to conduct a new assessment of needs.

15. Financial Support

The Birmingham Children's Trust must take account of any other grant, benefit, allowance or resource available to the person in respect of his needs as a result of becoming a Special Guardian of a child. Financial support cannot duplicate any other payment available to the Special Guardian.

Special Guardians must be helped to access any benefits to which they are entitled; this will usually include child benefit and tax credits.

The Special Guardian's means will normally be considered when ongoing financial support is being considered. If the Designated Manager (Special Guardianship Support and Child Arrangements Order Allowance) agrees that an allowance is payable, the team manager will notify the Finance Officer, who will write to the applicant confirming that the Children's Trust agrees to pay an allowance if the court makes a special guardianship order. This letter will point out that the allowance payable is subject to an income assessment and will enclose a Financial Assessment Form.

When the completed financial support assessment form is returned the financial support officer will estimate the amount of the allowance payable and notify the applicant.

Means may be disregarded in relation to:

• The initial costs of accommodating a child who has been Looked After;
• Recurring travel costs in contact arrangements;
• Any special care requiring greater expenditure due to illness, disability, emotional or behavioural difficulties or the consequences of the past abuse or neglect of a child previously looked after;
• Where considering an element of remuneration in financial support payments to ex-foster carers.

Where the Special Guardians were previously the child's foster carers - the Birmingham Children's Trust may agree to continue to pay the fee element for a transitional period of up to two years.

The only circumstance when the Birmingham Children's Trust MUST disregard means is when providing financial support in respect of legal costs, including fees payable to a court in respect of a child who is Looked After where the local the authority support the making of the Special Guardianship Order or an application is made to vary or discharge a Special Guardianship Order in respect of that child.

Where Special Guardians are in receipt of financial support, the Finance Officer will write annually to them with a Financial Assessment Review Form to be completed, together with a request for information about any change in circumstances for the Special Guardian or the child.

Local Authorities/Trusts are not expected to meet the legal costs of a Special Guardianship Order where they oppose an application in respect of a child they previously looked after or in a non-looked after case. Local Authorities/Trusts may wish to advise prospective special guardians in these circumstances that they may be able to obtain help with legal costs from the Legal Aid Agency.

Review of Financial Support Paid Periodically

Where financial support is paid periodically the Birmingham Children's Trust must review this:

• On receipt of the annual statement received from the special guardian;
• If there is any relevant change of circumstances that the special guardian agreed to notify, or any breach of a condition comes to the Birmingham Children's Trust's notice;
• At any (other) stage in the implementation of the plan that the Birmingham Children's Trust considers appropriate.

The policy for assessment set out for first assessment for financial support (see above) applies equally to a review of financial support. If the Birmingham Children's Trust proposes, as a result of the review, to reduce or terminate financial support or revise the plan, before making that decision the Birmingham Children's Trust must give the person an opportunity to make representations. For that purpose it must give the person notice of the proposed decision and the time allowed for making representations, but the Birmingham Children's Trust may suspend financial support pending that decision if they think it appropriate.

The notice must contain the same information as the notification of the outcome of the first assessment.

The Birmingham Children's Trust must, having regard to the review, and after considering any representations received within the period specified in the notice, then decide whether to vary or terminate payment of the financial support or whether to seek to recover all or part of any financial support that has been paid; and where appropriate, revise the plan.

The Birmingham Children's Trust must give the person notice of their decision including the reasons for it and, if applicable, the revised plan.

Where Special Guardians are in receipt of financial support, the Finance Officer will write annually to them with a Financial Assessment Review Form to be completed, together with a request for information about any change in circumstances for the Special Guardian or the child.

If any change in financial support is considered appropriate, the recommended change should be forwarded to the Designated Manager (Special Guardianship Support and Child Arrangements Allowances) for a decision.

Where Special Guardians do not return the Assessment Review Forms within the required time scale, the Finance Officer should send a reminder letter, giving 28 days notice of the suspension of payments if the information requested is not received.

16. Urgent Cases

Where a person has an urgent need of a service, the assessment process should not delay provision and arrangements can be made for support to be provided as a matter of urgency in appropriate cases. The approval of the Designated Manager (Special Guardianship Support and Child Arrangements Allowances) will still be required. The Birmingham Children's Trust will need to review the provision as soon as possible after the support has been provided in accordance with the policies set out above.

17. Special Guardianship Orders in International Cases

Identifying potential long-term carers for the child within the family may include those who are either resident in, or nationals in, overseas countries. Special guardianship can be considered in placing a child outside of the jurisdiction. Consideration must be given to how assessments are carried out in a legally compliant and culturally relevant manner. Thought should be given to:

• The status of special guardianship in that country and other legal matters;
• The relevant matters associated with the care of children in that country: permanent, stable and secure family life; safeguarding; education and health; and specifically how all of these relate to the personal living circumstances of the host family and their need for support services, including financial and therapeutic support and contact between family members including those resident in the UK;
• Contacting local agencies in that country for guidance on the support that maybe offered.

In advance of the child being placed, a plan will need to be agreed about how the placement will be supported and what the contingency arrangements are for the child.

Best Practice Guidance (2021) (Public Law Working Group) provides that if the proposed carers appear to be viable, time may be needed for Children and Families Across Borders (CFAB) to carry out an assessment.

Note:

1. Contracting states to the 1996 Hague Convention will be better placed to offer co-operation and support than some other countries (see HCCH);
2. Social workers should carefully explore the local authority's ability to provide financial support particularly after an initial 3 years. when 'out-of-area placements' are abroad.

See also: Children and Families Across Borders (CFAB).

18. Special Guardian Duty on the Death of the Child

If the child with respect to whom a Special Guardianship Order is in force dies, the Special Guardian must take reasonable steps to give notice of that fact to:

• Each parent of the child with Parental Responsibility;
• Each guardian of the child;
• The relevant local authority if the child was previously a looked after child.