Claire Sanders examines the developing use of special guardianship orders
Special guardianship orders have become an increasingly popular means of resolving family proceedings. They have found favour with local authorities as a means of securing kinship care placements and have been described as a half-way house between a residence order and an adoption order.
Under s 14 F of the Children Act 1989 (ChA 1989) local authorities are required to make arrangements within their area to provide support for special guardians. The support services may be counselling, advice and information or such other services, including financial support as are prescribed by regulation. The obligations that are imposed on the local authority are significant and may continue for many years after the making of the order.
It may not always be automatically clear which local authority will have to assume responsibility for providing support where, for example, the prospective special guardian lives in a different local authority area to the one in which the child lives.
That was the case in Re Y (Children)(Special guardianship: responsible local authority) Suffolk County Council v Nottinghamshire County Council
