A Special Guardianship Order (SGO) places a legal duty on the local authority to carry out a means-tested financial assessment of the child’s carers. This assessment is done at the request of the special guardian to determine whether financial support should be provided by the local authority.
The Special Guardianship Regulations (2005) establish the reasons for a local authority providing financial support to an applicant as:
1) To facilitate arrangements for a person to become the special guardian of a child. This is undertaken where the local authority consider such arrangements to be beneficial to the child’s welfare.
2) To support the continuation of the child remaining within the connected persons care arrangement following the SGO. The local authority may only make payments under the following circumstances:
a. Where the local authority consider that it is necessary to ensure that the special guardian or prospective special guardian can look after the child. The local authority does not therefore have to provide financial support if private applications for special guardianships are made, unless the local authority has assessed that the child’s welfare needs can only be met by that special guardian;
b. Where the local authority consider that the child needs special care, which requires a greater expenditure of resources than would otherwise be the case because of the child’s illness, disability, emotional or behavioural difficulties, or the consequences of his/her past abuse or neglect;
c. Where the local authority consider that it is appropriate to contribute to any legal costs, including court fees, of a special guardian or prospective special guardian associated with:
(i) the making of an SGO or any application to vary or discharge such an order;
(ii) an application for an order under section 8 of the Act;
(iii) an order for financial provision to be made to or for the benefit of the child
d. Where the local authority consider that it is appropriate to contribute to the expenditure necessary for the purposes of accommodating and maintaining the child. This includes the provision of furniture and domestic equipment, alterations to and adaptations of the home, provision of means of transport and provision of clothing, toys and other items necessary for the purpose of looking after the child.
Allowance application forms are given to applicants at the beginning of the assessment. They are asked to complete the application and return it, with all the relevant proof.
The allowance is calculated using the applicant’s capital, weekly income, weekly mortgage or rent and council tax costs. It is also determined by the foster care payment rate for the age of the child the allowance is for.
If the allowance is calculated at zero, the social worker is informed, and any original proof is returned to the carer.
The applicant will be informed by the assessing social worker of the proposed allowance.
The allowance is set up on our fortnightly payment run. The initial payment will be backdated to when the order was granted.
Allowances are reassessed annually and have a full review every two years.
If you would like to request a financial assessment as a special guardian, please email FosteringRecruitment.&Assessment@cambridgeshire.gov.uk to obtain the form and submit along with your required evidence.
