The Special Guardianship (Wales) Regulations 2005

Circumstances in which financial support can be paid

4.—(1) Financial support can only be paid to a special guardian or prospective special guardian in the following cases, namely where—

(a) a child subject to an SGO lives with his or her special guardian and the local authority consider that financial support is necessary to ensure that the guardian can continue to look after the child;

(b) a child in respect of whom an SGO is sought or a child in respect of whom the court has required a report lives with a prospective special guardian and the local authority consider that—

(i) it would be beneficial for the child for an SGO to be made; and

(ii) financial support is necessary to ensure that the prospective special guardian can continue to look after the child pending the court’s decision on whether to make an SGO;

(c) the local authority consider that—

(i) the making of an SGO, or of an order for financial provision to be made to or for the benefit of a child, would be beneficial for a relevant child; and

(ii) it is appropriate to contribute to or meet any legal costs, including court fees, of a prospective special guardian or special guardian associated with seeking an SGO or an order for financial provision; or

(d) a relevant child lives with his or her prospective special guardian or special guardian and the local authority consider that the child needs special care which requires a greater expenditure of resources than would otherwise be the case due to the child’s illness, disability, emotional or behavioural difficulties or the consequences of past abuse or neglect.

(2) Financial support must not be paid under this regulation unless the local authority has required the special guardian or prospective special guardian (“the guardian”) to undertake to—

(a) inform them forthwith if—

(i) the guardian changes his or her address;

(ii) the relevant child no longer has his or her home with the guardian;

(iii) the child dies; or

(iv) the guardian’s financial circumstances, or the relevant child’s financial needs or resources, change;

either orally or in writing, provided that where the information is provided orally it must be confirmed in writing within 7 days; and

(b) provide the authority with an annual statement (starting from a date to be specified by the authority) of his or her financial circumstances and the relevant child’s financial needs and resources.