Under the Adoption and Children Act 2002 financial support and other services may be available for the special guardian, the child and the birth parents. However, if a child is not (or was not) looked after by a local authority, then there is no entitlement to an assessment for special guardianship support services, although it is possible to make a request for this assessment.
Examples of possible services:
- Mediation to assist with new or existing contact arrangements;
- Counselling and advice and information;
- Access to support groups;
- Therapy services;
- Training for the special guardian to meet the needs of the child;
- Respite care;
- And financial assistance, financial assistance is less straightforward.
It is advisable to seek independent legal advice before agreeing the financial provisions and you should consider these financial provisions carefully before any agreement is made. The relevant legislation is:
Children Act 1989
Section 14F deals with special guardianship support services. Click here for more information about section 14F. The Adoption and Children Act 2002 inserted new sections into the Children Act 1989, including Special guardianship support services:
Click here to look at the Acts in more detail, see Section 115 of the Adoption and Children Act 2002.
Special Guardianship Regulations 2005
Click here to view the regulations
Click here to read the explanatory notes on these regulations
Part 2 of the regulations deals with special guardianship support services and Chapter 2 of that Part concerns the provision of financialsupport.
Regulation 6 sets out the circumstances in which financial support is payable.
Regulation 8 deals with the ways in which financial support may be paid.
Chapter 3 of Pt 2 of the regulations concerns the carrying out of an assessment of a person's need for support services and the preparation of a plan for the delivery of support services.
Regulation 12 of that Chapter sets out the procedure for assessment and the non-financialconsiderations to which the local authority must have regard.
Regulation 13 sets out the financialconsiderations that the local authority must take into account.
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