Special Guardian Top Tips

Top tips before agreeing to a Special Guardianship Order

1. If you are a kinship foster carer, the local authority should not pressure you to accept a special guardianship order.
2. Always seek legal advice before agreeing to a special guardianship order – you may be able to fund this through the local authority.
3. If applying for an order privately, inform Children’s Services in writing of your intention to apply three months before submitting your application to the court.
4. If a child is a looked after child and Local Authority supports your application for a special guardianship order, they must not take your financial situation into consideration when considering financial support for legal costs.
5. Ask for a copy of the local authority’s family & friends care policy and check the policy and procedures.
6. Request the name of the senior person responsible for family and friend’s care in the local authority.
7. Request a copy of the local authority’s guide on their Special Guardianship Support Services.
8. Ask the Local Authority to clarify in writing what support you will receive and for how long. This is sometimes called an SGO support plan and should include information on:
   • Financial Support – one-off payments and ongoing allowances.
   • Support around contact with parents, including supervised contact or contact in a contact centre if necessary.
   • Help to obtain suitable accommodation
   • Support for childcare
   • Support for the child after reaching 18, especially if they are moving into their own home or staying in education.
   • Specialist Help, for example:
     • bereavement counselling,
     • support with behaviour,
     • parenting programmes,
     • respite,
     • therapeutic work,
     • Assessment for diagnoses of disability, for example: ADHD, or Autism if necessary.
9. Check the support plan and inform the Local authority of anything you disagree with.
10. If you are still not happy it is important your raise your concerns with the Court. You can also make a formal complaint using the local authority’s complaints procedures.
11. Make sure you are aware of the Local Authority’s procedures for reviewing the support they provide.
12. Check what benefits you are entitled to and how these will affect any local authority allowance you will receive.
13. Seek advice regarding employment, do you have to stop working or are you entitled to take unpaid parental leave.
14. Do you need to consider Testamentary Guardianship, a person you nominate to look after the child if you were to die?

Find out about other legal options or arrangements available here

Top tips when Special Guardianship Allowance is up for review

1. Do not panic or ignore it.
2. Be open and honest about why you need the allowance to continue.
3. Be realistic if finances are, or are likely to become, a challenge and discuss this during any reassessment.
4. Request a copy of how the Local Authority calculates the special guardianship allowance they pay.
5. Request a copy of the Local Authorities Family & Friends Care Policy
6. Check the previous assessment and make sure that the same procedures are followed as in the first assessment.
7. The local authority must give you notice of their decision (including the reasons for it) and, if applicable, details of the revised plan before they make the decision.
8. Be clear about any additional need the child has that will require you to give them additional support for.
9. Report any changes in circumstance which have made you financially worse off.
10. Report any additional costs you have due to taking on the care of the child
11. Make it clear that without support the placement may breakdown and the child may have to enter the care system again. ***Please be aware that the local authority cannot remove the child from your care because of financial difficulties, they have a duty to financially support you in these circumstances.
12. Check the support plan and inform the Local authority of anything you disagree with.
13. If the local authority proposes to reduce, vary or terminate existing financial support, they must inform you accordingly and allow a period of 28 days for representations to be made by yourself before reaching a final decision.
14. If you are still not happy, you can appeal or make a formal complaint using the local authority’s complaints procedures.
15. If in any doubt, contact the Grandparents Plus advice line for support.

Find out about other legal options or arrangements available here