Agenda item

Special Guardianship Orders Policy

Minutes:

Councillor Alun Williams (Cabinet Member for Through Age and Wellbeing) explained that reducing Children Looked After (CLA) numbers safe and appropriately was a national priority for the Welsh Government. It was a key corporate priority for the local authority, as, when safe, enabled a positive outcome for children and young people to live in a permanent home, where possible within their own birth family, or where this was not possible, in a permanent family home. There were many reasons why some children were unable to live with their birth parent(s) and at times, arrangements needed to be made for children to be cared for by others. Some children may live with other members of their family, foster carers, adoptive parents or in residential care placements.

 

A SGO was a Court Order which appointed a specific person(s) to become a child’s Guardian until they reached 18. An SGO offered greater security than long-term fostering but did not entail the absolute legal severance from the birth family that stemmed from an adoption order. It was therefore a good and stable outcome for an increasing number of children and young people. SGOs were introduced by the Adoption and Children Act 2002. The Special Guardianship (Wales) Regulations 2005, were subsequently introduced and amended by The Special Guardianship (Wales) (Amendment) Regulations 2018 and Special Guardianship Code of Practice on the exercise of social services functions in relation to Special Guardianship orders 2018. At present, there were 39 SGOs registered through Ceredigion, accounting for in the region of £280k pa, and over 50% of these would be 18 in the next 5 years.

 

The local authority has reviewed the Special Guardianship Policy, which set out the eligibility to become a Special Guardian, the application process and the Local Authority’s responsibilities in terms of reporting to the Court, Support available to Special Guardians etc. The reviewed and updated Policy has been aligned with the “Guide for the Offer of Special Guardianship Support in Wales 2020 (AFA)” which drew together all relevant statutory guidance. The review identified that greater clarification was required in relation to the Financial Support available to Special Guardians and, to do this, a standalone “Special Guardianship Orders Financial Policy” was required. The policy aimed to reduce the potential delay in achieving permanence for children and young people, when Prospective Guardians were uncertain of the Financial Support available to them.

 

Following a comprehensive review of the Policy, a consultation with existing SGOs in relation to the Special Guardianship Order Policy and Financial Policy was undertaken over 2 weeks (22 May 2024 – 5 June 2024). The consultation was shared with existing SGOs, CAFCASS, Ceredigion County Council Staff, Foster Panel members and other key stakeholders and on the Ceredigion County Council website. The policies have been updated to reflect the input from the 7 responses received. It was acknowledged that the local authority needed to improve contacts with the guardians and the development of the policies was the first step in improving the service.

 

Members were provided with the opportunity to ask questions which were answered by Officers and Councillor Alun Williams. The main points raised were as follows:

·       It was noted that the safeguarding and wellbeing of a child was paramount, as was to ensure a child had a steady home to reside in.

·       The possibility of adoption was ruled out before a SGO application process was considered. SGO was the preferred option as opposed to adoption, as birth parents could continue to have input where appropriate.

·       Members commended the staff for their work. Officers thanked the SGOs for their support and commitment to the children and young people during a challenging time in their lives.

 

It was AGREED to recommend that the Cabinet approve the Special Guardianship Order Financial Policy and delegate authority to the Statutory Director of Social Care to implement the new policy and review annually.

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