Law Commission Consultation on Kinship Care (Consultation Paper)

We provisionally propose that it should be possible for a court to make an interim special guardianship order where special guardianship has been raised in the course of public law care proceedings.

Do consultees agree?

We ask for consultees’ views on whether, and if so how, the existing requirements for the special guardianship assessment set out in the Schedules to the Special Guardianship Regulations in England and Wales respectively, should be modified to address the specific nature of a kinship special guardian.

We provisionally propose that when making a special guardianship order:

1. the court should be required to consider the potential for the reunification of the child to the parents’ care; and
2. the default should remain for the order to be made for the duration of the child’s minority.

Do consultees agree?

We ask for consultees’ views on when a court makes a special guardianship order:

1. if the default duration (until the child reaches 18) remains, it should be possible for the court to attach a review date; and
2. if a review is included, whether this should be after a defined period of time, or when certain conditions are met.

We provisionally propose that the UK Government consider revising the guidance on special guardianship support plans to emphasise the importance for local authorities to consider what support is needed to ensure contact between a child in kinship care under a special guardianship order, and their parents.

Do consultees agree?

We provisionally propose that the court should, when making a special guardianship order, be required to consider whether the best interests of the child require an order to be made under section 91(14) of the Children Act 1989, requiring any person other than the special guardian to obtain permission before being able to apply for any order under section 8 of the Children Act 1989.

Do consultees agree?

We provisionally propose that a local authority should be under a duty to investigate whether the child has any family members abroad who may be suitable prospective special guardians.

Do consultees agree?