The Special Guardianship Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to special guardianship orders which are provided for in sections 14A to 14G of the Children Act 1989 (“the Act”).

Part 2 relates to the requirement in section 14F(1) of the Act for local authorities in England to make arrangements for provision of special guardianship support services. Special guardianship support services are defined by section 14F(1) of the Act as counselling, advice and information, and other services prescribed by regulations, in relation to special guardianship.

Chapter 1 of Part 2 deals with the provision of services. Such services are prescribed by regulation 3 and include financial support (as required by section 14F(2)). The provision of services may be secured from the persons specified in regulation 4. Regulation 5 provides for services to persons outside the local authority’s area.

Chapter 2 of Part 2 deals with financial support. It may only be paid in the circumstances specified in regulation 6. It may include a remuneration element where it is paid to a former local authority foster parent under regulation 7. Regulations 8 to 10 provide for payment of financial support, including conditions that may be imposed.

Chapter 3 of Part 2 deals with assessment of a person’s needs for special guardianship support services, plans for provision of services and notifications of proposals and decisions in relation to the provision of services.

Chapter 4 of Part 2 deals with reviews of special guardianship support services.

Chapter 5 of Part 2 contains miscellaneous provision in relation to special guardianship support services, including a general exemption from the requirements in relation to assessments, giving of notice etc. in cases of urgency (regulation 19) and provision as to service of notices (regulation 20).

Part 3 contains miscellaneous provisions. Regulation 21 and the Schedule prescribe the matters that must be included in a report to the court where a person gives notice of an application to be made a special guardian. Regulation 22 specifies for the purposes of sections 24A and 24B of the Act the relevant authority in relation to a child in respect of whom a special guardianship order is in force and who was immediately before the making of that order looked after by a local authority.

A Regulatory Impact Assessment has been carried out for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department for Education and Skills' website http://www.dfes.gov.uk/ria/.