Citation, commencement and application

1. These Regulations may be cited as the Special Guardianship (Amendment) Regulations 2016 and come into force on 29 February 2016.

2. These regulations do not apply where, before 29 February 2016—

(a) an individual has given the appropriate local authority written notice of their intention to apply for a special guardianship order in accordance with section 14A(7) of the Children Act 1989, or

(b) a court has asked a local authority to conduct an investigation and prepare a report in accordance with section 14A(9) of the Children Act 1989.

Amendments to the Special Guardianship Regulations 2005

3. The Schedule to the Special Guardianship Regulations (2005)( 2 ) (matters to be dealt with in report for the court) is amended in accordance with regulations 4 and 5.

4. In paragraph 1 of the Schedule (matters in respect of the child) —

(a) after sub-paragraph (g) insert:

“ (ga) any harm which the child has suffered;

(gb) any risk of future harm to the child posed by the child’s parents, relatives or any other person the local authority consider relevant; ”

(b) in paragraph (j) after “related” insert “current needs or likely future”.

5. In paragraph 4 of the Schedule (matters in respect of the prospective special guardian or, where two or more persons are jointly prospective special guardians, each of them) —

(a) for sub-paragraph (j), substitute:

“ (j) an assessment of the nature of the prospective special guardian’s current and past relationship with the child; ”

(b) for sub-paragraph (n), substitute:

“ (n) an assessment of the prospective special guardian’s parenting capacity, including:

(i) their understanding of, and ability to meet the child’s current and likely future needs, particularly, any needs the child may have arising from harm that the child has suffered;

(ii) their understanding of, and ability to protect the child from any current or future risk of harm posed by the child’s parents, relatives or any other person the local authority consider relevant, particularly in relation to contact between any such person and the child;

(iii) their ability and suitability to bring up the child until the child reaches the age of eighteen; ” .