DfE tightens up special guardianship rules

The department has changed guidance to councils on deciding when to use SGOs after a consultation found evidence that “rushed or poor-quality assessments” for SGOs by councils is putting children's safety at risk.

SGOs are long-term care orders that last until a child is 18 and are usually applied to a family member or long-term carer. Its use has grown substantially in recent years – since 2010/11, the number of SGOs has risen by 98 per cent.

But the consultation heard that in some cases where family members came forward late in the care proceedings process, assessments were too often rushed in order to meet court deadlines rather than the best needs of the child.

The DfE also found children were being placed under a SGO even when there “remains some doubt about the special guardian’s ability to care for the child long-term”.

Around half of the 51 SGO cases looked at as part of the DfE’s review involved a supervision order being attached due to such concerns.

The report said “this is particularly concerning where the child is not already living with the guardian, or where there is no or little pre-existing relationship”.

Of those who responded to the consultation, 70 per cent said the assessment process for determining the suitability of a special guardian needed to improve.

A lack of support for special guardians, was also highlighted in the consultation. This included a failure to offer advice before a placement is finalised and a lack of support when problems occur, with 72 per cent of respondents calling for improvements to information provided before and during the SGO process.

The DfE has pledged to improve the assessment process to ensure it is “based on the fundamental principle that the person being assessed is capable of caring for the child for the whole of that child’s life to adulthood”.

The government has amended statutory guidance around SGO assessments, so that from today councils will have to assess the capacity of the guardian to care for the child until they are 18 as well as their understanding of the child’s needs, particularly if the child is the victim of abuse and neglect.

Councils also need to assess the prospective guardian’s understanding of any risk the child’s birth parents present and detail how they will manage that risk. Councils have also been ordered to consider the strength of the existing relationship between the child and prospective special guardian.

Further proposals are set to be announced early next year, with improvements to support as well as further legal changes to improve the effectiveness of SGOs under consideration.

Andy Elvin, chief executive of fostering and adoption charity The Adolescent and Children's Trust, said: “It is good news that the standard of assessments is being addressed to ensure that courts can be confident that the placement with a relative is well founded and that they have the capacity to care for the child and meet their needs.
 
“High-quality robust assessments are vital so that family court decisions are based on sound evidence about the child, potential carers, and all the options available.”

Latest DfE statistics, for April 2014 to March 2015, found that 3,520 children were living under an SGO arrangement, a 4.8 per cent rise on the same period a year earlier. The rise has coincided with a significant drop in the number of adoptions being approved.