The Special Guardianship (Wales) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in respect of special guardianship. The Adoption and Children Act 2002 inserted provisions about special guardianship into the Children Act 1989 (“the Act”).

Part 2 of the Regulations prescribe the matters which a local authority must deal with in a report to the court prepared pursuant to section 14A(8) of the Act when the authority receives notice of a person’s application for a special guardianship order under section 14A(3) or (6) of the Act, or has been requested by a court to conduct an investigation and prepare a report pursuant to section 14A(9) of the Act.

Part 3 of these Regulations makes provision for special guardianship support services. Special guardianship support services are defined by section 14F(1) of the Act as counselling, advice and information and such other services as are prescribed by regulations, in relation to special guardianship. Such services are prescribed in regulation 3 of these Regulations. Regulation 4 specifies the circumstances in which special guardianship support services in the form of financial support may be paid.

Regulation 5 specifies the persons who are entitled to an assessment of their needs for special guardianship support services. Regulation 6 specifies the procedure for an assessment and regulation 7 provides for the determination of the amount of financial support.

After carrying out an assessment, the local authority must give notice under regulation 8 as to any special guardianship support services they propose to provide and as to the period within which representations may be made about the proposal. Regulation 9 makes provision for the local authority to make a decision as to whether any special guardianship support services are to be provided and for the notification of that decision. Regulation 10 makes provision about the supply of information and the giving of notices.

Where special guardianship support services are to be provided to a person, regulation 11 provides for the local authority to prepare a plan in accordance with which the services are to be provided. Regulation 12 makes provision for the review of special guardianship support services and for the revision of the plan.

Regulation 13 makes provision in connection with advice and assistance for persons who used to be subject to special guardianship and regulation 14 makes provision in connection with representations (including complaints) about special guardianship support services.