Children Act 1989, section 14F

Special guardianship support services

Part II Orders With Respect To Children In Family Proceedings

(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; and

(b)such other services as are prescribed,

in relation to special guardianship.

(2)The power to make regulations under subsection (1)(b) is to be exercised so as to secure that local authorities provide financial support.

(3)At the request of any of the following persons—

(a)a child with respect to whom a special guardianship order is in force;

(b)a special guardian;

(c)a parent;

(d)any other person who falls within a prescribed description,

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).

(4)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.

(5)Where, as a result of an assessment, a local authority decide that a person has needs for special guardianship support services, they must then decide whether to provide any such services to that person.

(6)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,

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.

(7)The Secretary of State may by regulations make provision about assessments, preparing and reviewing plans, the provision of special guardianship support services in accordance with plans and reviewing the provision of special guardianship support services.

(8)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;

(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 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 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 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.

(9)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 services,

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.

(10)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 assessment of his needs is made under any other provision of this Act or under any other enactment.

(11)Section 27 (co-operation between authorities) applies in relation to the exercise of functions of a local authority [F227 in EnglandF227] under this section as it applies in relation to the exercise of functions of a local authority under Part 3 [F228 and see sections 164 and 164A of the Social Services and Well-being (Wales) Act 2014 for provision about co-operation between local authorities in Wales and other bodies.F228]

Definitions used in section 14F 8

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
service

“service”, in relation to any provision made under Part III, includes any facility;

Defined in s.105(1) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this Act;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
special guardianship order

“special guardian” and “special guardianship order” have the meaning given by section 14A;

Defined in s.105(1) · see it in the full Act
special guardian

“special guardian” and “special guardianship order” have the meaning given by section 14A;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
functions

“functions” includes powers and duties;

Defined in s.105(1) · see it in the full Act

Cases considering section 14F 9

Suffolk County Council v Nottinghamshire County Council

[2012] EWCA Civ 1640 · 11 December 2012Limits

Defines the statutory duties relating to special guardianship support and limits the family court’s role. The court may express views but cannot direct how, or in some respects whether, those duties are performed, nor order services or financial support. (see paras [24], [27], [30]-[31]) Applies the duties concerning assessment of needs, decisions whether to provide special guardianship support services, and preparation and review of a support plan where required. Suffolk, as the responsible authority on the facts, was entitled to conduct its own assessment and devise its own plan. (see paras [15], [24], [27]) Interprets the co-operation provisions as permitting flexible arrangements between local authorities for carrying out special guardianship functions. The authorities should agree at an early stage who will perform the work and meet its cost. (see paras [15], [19], [23]-[25], [29])

L (a child), Re

[2007] EWCA Civ 196 · 13 March 2007

Section 14F(1) requires each local authority to arrange special guardianship support services. The court considered that this statutory support, including mediation and therapy, ought to have been considered much earlier in addressing the family’s difficulties. (see paras [32]; [52])

Denis Hamilton & Anor v The London Borough of Sutton

[2024] EWHC 1675 (KB) · 1 July 2024Limits

Identifies persons at whose request an assessment of special-guardianship support needs must be carried out. The court held that no request by Mr Hamilton had been pleaded or made, and that the provision would not in any event displace the requirement for assumption of responsibility (see paras [94]-[96]).

What each judgment says about section 14F is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F226Ss. 14A-14G inserted (30.12.2005) by 2002 c. 38, ss. 115(1), 148 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(k)
  2. F227Words in s. 14F(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 56(a)
  3. F228Words in s. 14F(11) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 56(b)

Modifications

  1. C17S. 14F applied by S.I. 2005/1513, reg. 3A (as inserted (W.) (2.7.2018) by The Special Guardianship (Wales) (Amendment) Regulations 2018 (S.I. 2018/573), regs. 1(1), 5(2))