Q&As

Where an interim care order has been made, can a local authority be ordered to pay a lump sum to proposed special guardians in order that they can extend a property to accommodate the children?

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Published on LexisPSL on 08/04/2021

The following Family Q&A provides comprehensive and up to date legal information covering:

  • Where an interim care order has been made, can a local authority be ordered to pay a lump sum to proposed special guardians in order that they can extend a property to accommodate the children?

Where an interim care order has been made, can a local authority be ordered to pay a lump sum to proposed special guardians in order that they can extend a property to accommodate the children?

Under the Children Act 1989 (ChA 1989), local authorities have an obligation to make arrangements for the provision of support for special guardians. The support may be either counselling, advice and information or such other services, including financial support as are prescribed by regulation.

The Special Guardianship Regulations 2005 (SGR 2005), SI 2005/1109, reg 3(1) sets out the range of services that are services are prescribed as special guardianship support services. The services include inter alia financial support payable under SGR 2005, SI 2005/1109, Ch 2.

SGR 2005, SI 2005/1109, reg 3(2) makes it clear that the services described in SGR 2005, SI 2005/1109, regs 3(1)(b)–(e) may include cash assistance.

Statutory guidance from the Department for Education for local authorities when preparing a report for an application for a special guardianship order (SGO) is also found in Special guardianship guidance-Statutory guidance for local authorities on the Special Guardianship Regulations 2005 (as amended by the Special Guardianship (Amendment) Regulations 2016). The special guardianship guidance highlights the fact that financial issues should not be the sole reason for a special guardianship arrangement failing to survive (at para 37). The central principle is that financial support

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