Q&As

Can the court order a local authority to pay a special guardianship order allowance to former foster parents for more than two years?

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Produced in partnership with Tim Earl of Suffolk Legal
Published on LexisPSL on 26/08/2016

The following Family Q&A produced in partnership with Tim Earl of Suffolk Legal provides comprehensive and up to date legal information covering:

  • Can the court order a local authority to pay a special guardianship order allowance to former foster parents for more than two years?

The section 14A(11) of the Children Act 1989 provides that 'The court may not make a special guardianship order unless it has received a report…[from the Local Authority]'.

Within that report, pursuant to the Special Guardianship Regulations 2005, SI 2005/1109, the local authority should provide detail of any financial provision that is required:

  1. to facilitate or support the placement (regulation 6)

  2. to remunerate former foster parents (regulation 7)

Before making a special guardianship order (SGO), the court must be satisfied with the support services to be provided and any financial support or remuneration proposed. The financial support available under regulation 6 cannot include direct remuneration to a special guardian. See Practice Note: Support for special guardians.

Remuneration can only be paid to a special guardian if they are a former foster carer. Pursuant to SI 2005/1109, reg 7(2), such remuneration is usually limited to two years from the m

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