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“4A Acquisition of parental responsibility by step-parent | |
(1) Where a child’s parent (“parent A”) who has parental responsibility for | |
the child is married to a person who is not the child’s parent (“the step- | |
parent”)— | |
(a) parent A or, if the other parent of the child also has parental | 5 |
responsibility for the child, both parents may by agreement | |
with the step-parent provide for the step-parent to have | |
parental responsibility for the child; or | |
(b) the court may, on the application of the step-parent, order that | |
the step-parent shall have parental responsibility for the child. | 10 |
(2) An agreement under subsection (1)(a) is also a “parental responsibility | |
agreement”, and section 4(2) applies in relation to such agreements as | |
it applies in relation to parental responsibility agreements under | |
section 4. | |
(3) A parental responsibility agreement under subsection (1)(a), or an | 15 |
order under subsection (1)(b), may only be brought to an end by an | |
order of the court made on the application— | |
(a) of any person who has parental responsibility for the child; or | |
(b) with the leave of the court, of the child himself. | |
(4) The court may only grant leave under subsection (3)(b) if it is satisfied | 20 |
that the child has sufficient understanding to make the proposed | |
application.” | |
111 Section 8 orders: local authority foster parents | |
In section 9 of the 1989 Act (restrictions on making section 8 orders)— | |
(a) in subsection (3)(c), for “three years” there is substituted “one year”, | 25 |
and | |
(b) subsection (4) is omitted. | |
112 Residence orders: extension to age of 18 | |
(1) In section 12 of the 1989 Act (residence orders and parental responsibility), | |
after subsection (4) there is inserted— | 30 |
“(5) The power of a court to make a residence order in favour of any person | |
who is not the parent or guardian of the child concerned includes | |
power to direct, at the request of that person, that the order continue in | |
force until the child reaches the age of eighteen (unless the order is | |
brought to an end earlier); and any power to vary a residence order is | 35 |
exercisable accordingly. | |
(6) Where a residence order includes such a direction, an application to | |
vary or discharge the order may only be made, if apart from this | |
subsection the leave of the court is not required, with such leave”. | |
(2) In section 9 of that Act (restrictions on making section 8 orders), at the | 40 |
beginning of subsection (6) there is inserted “Subject to section 12(5)”. | |
(3) In section 91 of that Act (effect and duration of orders), in subsection (10), after | |
“9(6)” there is inserted “or 12(5)”. | |
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113 Special guardianship | |
(1) After section 14 of the 1989 Act there is inserted— | |
“Special guardianship | |
14A Special guardianship orders | |
(1) A “special guardianship order” is an order appointing one or more | 5 |
individuals to be a child’s “special guardian” (or special guardians). | |
(2) A special guardian— | |
(a) must be aged eighteen or over; and | |
(b) must not be a parent of the child in question, | |
and subsections (3) to (6) are to be read in that light. | 10 |
(3) The court may make a special guardianship order with respect to any | |
child on the application of an individual who— | |
(a) is entitled to make such an application with respect to the child; | |
or | |
(b) has obtained the leave of the court to make the application, | 15 |
or on the joint application of more than one such individual. | |
(4) Section 9(3) applies in relation to an application for leave to apply for a | |
special guardianship order as it applies in relation to an application for | |
leave to apply for a section 8 order. | |
(5) The individuals who are entitled to apply for a special guardianship | 20 |
order with respect to a child are— | |
(a) any guardian of the child; | |
(b) any individual in whose favour a residence order is in force | |
with respect to the child; | |
(c) any individual listed in subsection (5)(b) or (c) of section 10 (as | 25 |
read with subsection (10) of that section); | |
(d) a local authority foster parent with whom the child has lived for | |
a period of at least one year immediately preceding the | |
application. | |
(6) The court may also make a special guardianship order with respect to | 30 |
a child in any family proceedings in which a question arises with | |
respect to the welfare of the child if— | |
(a) an application for the order has been made by an individual | |
who falls within subsection (3)(a) or (b) (or more than one such | |
individual jointly); or | 35 |
(b) the court considers that a special guardianship order should be | |
made even though no such application has been made. | |
(7) No individual may make an application under subsection (3) or (6)(a) | |
unless, before the beginning of the period of three months ending with | |
the date of the application, he has given written notice of his intention | 40 |
to make the application— | |
(a) if the child in question is being looked after by a local authority, | |
to that local authority, or | |
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(b) otherwise, to the local authority in whose area the individual is | |
ordinarily resident. | |
(8) On receipt of such a notice, the local authority must investigate the | |
matter and prepare a report for the court dealing with— | |
(a) the suitability of the applicant to be a special guardian; | 5 |
(b) such matters (if any) as may be prescribed by the Secretary of | |
State; and | |
(c) any other matter which the local authority consider to be | |
relevant. | |
(9) The court may itself ask a local authority to conduct such an | 10 |
investigation and prepare such a report, and the local authority must | |
do so. | |
(10) The local authority may make such arrangements as they see fit for any | |
person to act on their behalf in connection with conducting an | |
investigation or preparing a report referred to in subsection (8) or (9). | 15 |
(11) The court may not make a special guardianship order unless it has | |
received a report dealing with the matters referred to in subsection (8). | |
(12) Subsections (8) and (9) of section 10 apply in relation to special | |
guardianship orders as they apply in relation to section 8 orders. | |
(13) This section is subject to section 29(5) and (6) of the Adoption and | 20 |
Children Act 2002. | |
14B Special guardianship orders: making | |
(1) Before making a special guardianship order, the court must consider | |
whether, if the order were made— | |
(a) a contact order should also be made with respect to the child, | 25 |
and | |
(b) any section 8 order in force with respect to the child should be | |
varied or discharged. | |
(2) On making a special guardianship order, the court may also— | |
(a) give leave for the child to be known by a new surname; | 30 |
(b) grant the leave required by section 14C(3)(b), either generally or | |
for specified purposes. | |
14C Special guardianship orders: effect | |
(1) The effect of a special guardianship order is that while the order | |
remains in force— | 35 |
(a) a special guardian appointed by the order has parental | |
responsibility for the child in respect of whom it is made; and | |
(b) subject to any other order in force with respect to the child | |
under this Act, a special guardian is entitled to exercise parental | |
responsibility to the exclusion of any other person with parental | 40 |
responsibility for the child (apart from another special | |
guardian). | |
(2) Subsection (1) does not affect— | |
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(a) the operation of any enactment or rule of law which requires the | |
consent of more than one person with parental responsibility in | |
a matter affecting the child; or | |
(b) any rights which a parent of the child has in relation to the | |
child’s adoption or placement for adoption. | 5 |
(3) While a special guardianship order is in force with respect to a child, no | |
person may— | |
(a) cause the child to be known by a new surname; or | |
(b) remove him from the United Kingdom, | |
without either the written consent of every person who has parental | 10 |
responsibility for the child or the leave of the court. | |
(4) Subsection (3)(b) does not prevent the removal of a child, for a period | |
of less than three months, by a special guardian of his. | |
(5) If the child with respect to whom a special guardianship order is in | |
force dies, his special guardian must take reasonable steps to give | 15 |
notice of that fact to— | |
(a) each parent of the child with parental responsibility; and | |
(b) each guardian of the child, | |
but if the child has more than one special guardian, and one of them has | |
taken such steps in relation to a particular parent or guardian, any other | 20 |
special guardian need not do so as respects that parent or guardian. | |
(6) This sestion is subject to section 29(7) of the Adoption and Children Act | |
2002. | |
14D Special guardianship orders: variation and discharge | |
(1) The court may vary or discharge a special guardianship order on the | 25 |
application of— | |
(a) the special guardian (or any of them, if there are more than one); | |
(b) any parent or guardian of the child concerned; | |
(c) any individual in whose favour a residence order is in force | |
with respect to the child; | 30 |
(d) any individual not falling within any of paragraphs (a) to (c) | |
who has, or immediately before the making of the special | |
guardianship order had, parental responsibility for the child; | |
(e) the child himself; or | |
(f) a local authority designated in a care order with respect to the | 35 |
child. | |
(2) In any family proceedings in which a question arises with respect to the | |
welfare of a child with respect to whom a special guardianship order is | |
in force, the court may also vary or discharge the special guardianship | |
order if it considers that the order should be varied or discharged, even | 40 |
though no application has been made under subsection (1). | |
(3) The following must obtain the leave of the court before making an | |
application under subsection (1)— | |
(a) the child; | |
(b) any parent or guardian of his; | 45 |
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(c) any step-parent of his who has acquired, and has not lost, | |
parental responsibility for him by virtue of section 4A; | |
(d) any individual falling within subsection (1)(d) who | |
immediately before the making of the special guardianship | |
order had, but no longer has, parental responsibility for him. | 5 |
(4) Where the person applying for leave to make an application under | |
subsection (1) is the child, the court may only grant leave if it is satisfied | |
that he has sufficient understanding to make the proposed application | |
under subsection (1). | |
(5) The court may not grant leave to a person falling within subsection | 10 |
(3)(b)(c) or (d) unless it is satisfied that there has been a significant | |
change in circumstances since the making of the special guardianship | |
order. | |
14E Special guardianship orders: supplementary | |
(1) In proceedings in which any question of making, varying or | 15 |
discharging a special guardianship order arises, the court shall (in the | |
light of any rules made by virtue of subsection (3))— | |
(a) draw up a timetable with a view to determining the question | |
without delay; and | |
(b) give such directions as it considers appropriate for the purpose | 20 |
of ensuring, so far as is reasonably practicable, that the | |
timetable is adhered to. | |
(2) Subsection (1) applies also in relation to proceedings in which any other | |
question with respect to a special guardianship order arises. | |
(3) The power to make rules in subsection (2) of section 11 applies for the | 25 |
purposes of this section as it applies for the purposes of that. | |
(4) A special guardianship order, or an order varying one, may contain | |
provisions which are to have effect for a specified period. | |
(5) Section 11(7) (apart from paragraph (c)) applies in relation to special | |
guardianship orders and orders varying them as it applies in relation to | 30 |
section 8 orders. | |
14F Special guardianship support services | |
(1) Each local authority must make arrangements for the provision within | |
their area of special guardianship support services, which means— | |
(a) counselling, advice and information in connection with special | 35 |
guardianship; and | |
(b) such other services as are prescribed (which may include | |
financial support). | |
(2) At the request of any of the following persons— | |
(a) a child with respect to whom a special guardianship order is in | 40 |
force; | |
(b) a special guardian; | |
(c) any other person who falls within a prescribed description, | |
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a local authority may carry out an assessment of that person’s needs for | |
special guardianship support services (but, if the Secretary of State so | |
provides in regulations, they must do so if he is a person of a prescribed | |
description, or if his case falls within a prescribed description, or if both | |
he and his case fall within prescribed descriptions). | 5 |
(3) A local authority may, at the request of any other person, carry out an | |
assessment of that person’s needs for special guardianship support | |
services. | |
(4) Where, as a result of an assessment, a local authority decide that a | |
person has needs for special guardianship support services, they must | 10 |
then decide whether to provide any such services to that person. | |
(5) If— | |
(a) a local authority decide to provide any special guardianship | |
support services to a person, and | |
(b) the circumstances fall within a prescribed description, | 15 |
the local authority must prepare a plan in accordance with which | |
special guardianship support services are to be provided to him, and | |
keep the plan under review. | |
(6) The Secretary of State may by regulations make provision about | |
assessments, preparing and reviewing plans, the provision of special | 20 |
guardianship support services in accordance with plans and reviewing | |
the provision of special guardianship support services. | |
(7) The regulations may in particular make provision— | |
(a) about the type of assessment which is to be carried out, or the | |
way in which an assessment is to be carried out; | 25 |
(b) about the way in which a plan is to be prepared; | |
(c) about the way in which, and the time at which, a plan or the | |
provision of special guardianship support services is to be | |
reviewed; | |
(d) about the considerations to which a local authority are to have | 30 |
regard in carrying out an assessment or review or preparing a | |
plan; | |
(e) as to the circumstances in which a local authority may provide | |
special guardianship support services subject to conditions | |
(including conditions as to payment for the support or the | 35 |
repayment of financial support); | |
(f) as to the consequences of conditions imposed by virtue of | |
paragraph (e) not being met (including the recovery of any | |
financial support provided); | |
(g) as to the circumstances in which this section may apply to a | 40 |
local authority in respect of persons who are outside that local | |
authority’s area; | |
(h) as to the circumstances in which a local authority may recover | |
from another local authority the expenses of providing special | |
guardianship support services to any person. | 45 |
(8) A local authority may provide special guardianship support services | |
(or any part of them) by securing their provision by— | |
(a) another local authority; or | |
(b) a person within a description prescribed in regulations of | |
persons who may provide special guardianship support | 50 |
services, | |
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and may also arrange with any such authority or person for that other | |
authority or that person to carry out the local authority’s functions in | |
relation to assessments under this section. | |
(9) A local authority may carry out an assessment of the needs of any | |
person for the purposes of this section at the same time as an | 5 |
assessment of his needs is made under any other provision of this Act | |
or under any other enactment. | |
(10) Section 27 (co-operation between authorities) applies in relation to the | |
exercise of functions of a local authority under this section as it applies | |
in relation to the exercise of functions of a local authority under Part 3. | 10 |
14G Special guardianship support services: representations | |
(1) Every local authority shall establish a procedure for considering | |
representations (including complaints) made to them by any person to | |
whom they may provide special guardianship support services about | |
the discharge of their functions under section 14F in relation to him. | 15 |
(2) Regulations may be made by the Secretary of State imposing time limits | |
on the making of representations under subsection (1). | |
(3) In considering representations under subsection (1), a local authority | |
shall comply with regulations (if any) made by the Secretary of State for | |
the purposes of this subsection.” | 20 |
(2) The 1989 Act is amended as follows. | |
(3) In section 1 (welfare of the child), in subsection (4)(b), after “discharge” there is | |
inserted “a special guardianship order or”. | |
(4) In section 5 (appointment of guardians)— | |
(a) in subsection (1)— | 25 |
(i) in paragraph (b), for “or guardian” there is substituted “, | |
guardian or special guardian”, and | |
(ii) at the end of paragraph (b) there is inserted “; or | |
(c) paragraph (b) does not apply, and the child’s | |
only or last surviving special guardian dies.”, | 30 |
(b) in subsection (4), at the end there is inserted “; and a special guardian | |
of a child may appoint another individual to be the child’s guardian in | |
the event of his death”, and | |
(c) in subsection (7), at the end of paragraph (b) there is inserted “or he was | |
the child’s only (or last surviving) special guardian”.” | 35 |
114 Accommodation of children in need etc. | |
(1) In section 17 of the 1989 Act (provision of services for children in need, their | |
families and others), in subsection (6) (services that may be provided in | |
exercise of the functions under that section) after “include” there is inserted | |
“providing accommodation and ”. | 40 |
(2) In section 22 of that Act (general duty of local authority in relation to children | |
looked after by them), in subsection (1) (looked after children include those | |
provided with accommodation, with exceptions) before “23B” there is inserted | |
“17”. | |
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