Q&As

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?

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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 15/04/2019

The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?

A special guardianship order is an order appointing one or more individuals to be a child’s ‘special guardian’ pursuant to section 14A of the Children Act 1989 (ChA 1989). It enables a special guardian to exercise parental responsibility in respect of the child to the exclusion of others who also hold parental responsibility.

The court must ensure that the proposed special guardian is aged 18 or over and is not a parent of the child in question. The court may not make a special guardianship order unless it has received a report from the local authority dealing with the following issues:

  1. the suitability of the applicant to be a special guardian

  2. such matters (if any) as may be prescribed by the Secretary of State, and

  3. any other matter which the local authority considers to be relevant

The matters for the local authority to consider in their report on receipt of notice of an application for a special guardianship order can be fou

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