Making Research Count Practice Development Seminar June 10 2011

Making Research Count
Practice Development Seminar
June 10th 2011
Special Guardianship: Messages from Research
and Emerging Issues
Jo Dixon
SPRU, University of York
&
Pippa Bow
Fosterline, The Fostering Network
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1. Messages from Research ~Jo Dixon

Presentation of findings from one of the first substantial pieces of
research on Special Guardianship, carried out by researchers at
York University
 Opportunity for comments and questions
2. Emerging Trends and Issues ~ Pippa Bow

Presentation of current trends in the use of Special Guardianship
and emerging issues arising from enquires to Fosterline
 Opportunity for comments and questions
3. Coffee break
4. Sharing comments, experience and practice

Group discussions
 Final comments and questions
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Messages from Research
Jo Dixon
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3

What is Special Guardianship & how did it come
about?

The York Research study
 Who is taking up SG?

Views and experiences of SG from carers &
practitioners

Implications and concluding comments
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
Relatively new legal status and permanence option for children
unable to live with their birth parents.

Aims to provide greater legal security for children and their carers –
‘a sense of belonging’.

Private law order – although used in both private and in public law
proceedings.

Introduced in the Adoption and Children Act 2002 (adding sections
14 a-g to The Children Act 1989).

Came into effect December 2005.

Government issued Regulations (2005) and Guidance to LAs to
clarify: who can apply, the circumstances in which a SGO can be
made, the nature and effect of SGOs, support available.
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Relatively powerful legal order:

A Special Guardian (SG) is invested with a high degree of day-today parental control and decision making.

SGO does not legally sever the child’s relationship with birth
parents, however, their exercise of parental responsibility is heavily
restricted.

A SGO lasts until the child reaches 18 years of age.

A looked after child ceases to be ‘in care’.

Requires leave of the court to challenge the order.
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
Requires carers to give 3+ months notice of intention to apply (unless
given leave of court to make an application in course of existing
family proceedings).

Courts can grant a SGO in absence of application (e.g. during the
course of other proceedings such as adoption, RO or care order).

LAs must carry out an assessment and prepare a court report for
potential SG within 12 weeks (irrespective of whether they have been
caring for the child or are already known to social services).

Regulation 21 sets out what should be covered in the report
(background and suitability of applicant & circumstances and views of
child and parents, current and future support needs).
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
Where children were in care immediately prior to SGO , the
responsible LA must, if requested, carry out assessment of the need
for financial and other support for child, birth parent & SG

Other applicants have no automatic entitlement to an assessment for
support.

The guidance and regulations place a duty on LAs to develop a
framework for delivering SG support services (similar to postadoption support), however, SGs have no legal entitlement to receive
specific support services.

Also, it is anticipated that the child’s needs and long term welfare will
be the guiding principle in making decisions.

Statutory guidance indicates that ‘financial issues should not be the
sole reason for a special guardianship arrangement failing to
survive.’
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
Official data suggest upward trend in use of SGOs



Judicial & Court Statistics of private & public law applications = rise from
474 in 2006 to 826 in 2007 (Ministry of Justice, 2007)
Statistics year ending 31 March 2009 = 1,120 children ceased to be
looked after through SGO - increase from 760 in 2007 & 70 in 2006
(DCSF website) - 2/3 reported to be former Foster Carers (kinship carers
& unrelated).
Variation across local authorities.

Is it being used for those children and young people for whom it was
intended?

Is it operating as intended?

What were the early experiences of those implementing SG and
those seeking and being awarded a SGO?

Use York study to look at some of these issues further.
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
Focused on first two years of implementation




2006 – 2008
Research completed Jan 2009 (things will have moved on).
Aims:

Describe local authority approaches to implementing SG.

Explore how SG was being used and who was applying.

Look at the experiences of those carers & children seeking/ being awarded SG.

What support and services were being provided?
Research design and methods

Exploratory study of eight English local authorities (LAs).

Policy interviews with LA managers (38) & national stakeholders (10).

Postal Survey to all identified SG applicants between Jan 06 and Sept 07.

81 ‘guardians’ (of 120 children) + their social workers responded.

Response rates:46% of guardians, 52% workers

In depth Interviews with 15 special guardians and 3 children.
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
Different LA approaches.

Variations in speed of implementation (some gave SG strategic
priority, others not).

Variation in number of SG applications across LAs.

Corporate leadership and lead officers to ‘champion’ change:

Early development of policies and procedures

Time to scope service demands and required resources

Develop training and information resources

Develop expertise and activities to stimulate demand

Where leadership lacking, progress slower, less embedded in
local practice.

Reciprocal relationship between demand and service
development (if demand low, pressure to develop infrastructure
also low).

Each LA had different arrangements for responding to applications
(no prescription in guidance).

Only in one LA did a single team handle all referrals through to final
hearing.

In others, a patchwork of teams handled different aspects of the
process.

In 4 LAs (higher demand) specialist teams provided post-order
services.

Where dedicated team involved:




Information and pathways for carers appeared clearer
Expertise more readily accumulated
Services more coherent/comprehensive
A case for specialisation where numbers warrant it?

Children who may benefit from greater legal security:

Children for whom adoption is less likely

Older young people in settled foster care

Children living in established kinship settings

Some groups of minority ethnic children (adoption not an
option)

Unaccompanied asylum-seeking or refugee children.
Implications of this?

Assessment and approval procedures less stringent as assumed:

Children very settled

Established pattern of relationships

Relatively low support needs (in most cases).

However, LAs anxious that these patterns not being realised


Profile of children broader
Higher level needs.

Information on 81 carers applying for or awarded SGO

Ethnicity of the group similar to child group - over half BME

1 in 5 were in lone carer households

Age



Majority were kinship carers (86%)





Range 22 – 70 yrs of age, average - 49 yrs
Skewed to higher range - half were aged between 50 - 70 yrs
Grandparents
Aunt/uncle
Older Sibling
Other relative
53%
21%
5%
7%
Low take up from unrelated foster carers (13%)





Reasons - link with ‘custodianship’ (Bullard, 1991)
Financial issues
Potential loss of social work support (for carer and child) both now and in
future (i.e. at leaving care stage),
Management of birth family relationships, the fostering role.
Local authority response – some areas offering guaranteed financial support
package for duration of SGO



Information on 120 children (59 single children & 20 sibling
groups/61 siblings).
63% in special guardianship households – 37% awaiting decision.
52% female, 48% Male.
Ethnicity

57% White, 19% Black/Black British, 4% Asian.

Some areas had higher number of BME cases – e.g. 80% of
those described as Asian were from one LA.

Limited take up from UASC - only three children identified.
Age




Younger than anticipated:
At court decision - average age 5yrs, 20% aged 1 yr or under
At data collection - average age 6yrs, 74% were 8 yrs or under
Less than a third (27%) aged 10 to 16 years.
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

Where were they prior to SG

Unrelated FC (non sg*) (25%)

Kin (formal**) (sg)
(48%)

Birth parents (non sg) ( 2%)
Unrelated FC (sg*) (13%)
Kin (informal**) (sg) (12%)
Care status immediately prior to SG application/order:

LAC Unrelated FC
(37%)
Kinship FC

Non LAC Kin – RO
(16%)
Kin – no order
33%)
(14%)

Troubled family backgrounds

70% LAC prior to SG

Child : risk to safety (67%) failure to thrive (41%)

Parents: mental health problems (28%), substance misuse (33%),
domestic violence

Health and disability – some age related

Mental health problems 2%

Physical disability 3%

Chronic physical health problem 4%

Learning disability 13%
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
SG being used with broader range of children than originally envisaged,
mainly in family settings e.g. younger children

Most cases have occurred in public law arena as exit strategy from care
or as an alternative to care order and, for youngest children, adoption.

Implications of profile of carers and children:

Resource implications of committing to longer-term services

Personal Implications for older carers as SGs of babies/young
children.

Profile of carers v children - durability of placements (as both age)

Involve complex and troubled families - resource implications of
services to meet enduring needs.

Reduced opportunities for permanence if placements break down at
a later point.

Mostly from friends and family carers – support for kinship carers.

Implications for services of take-up from children and families
outside of care system (private applications) – is there a reluctance
or a lack of encouragement?
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1.
2.
Information, guidance and advice

Carers highlighted a need for clear information and guidance.

Some were critical of lack of knowledge/info from social work
professionals – partly result of newness of the SGO and procedures.

Reliance on solicitors and children’s guardians (CAFCASS).
Timescales

Policy study revealed concern about short timescales for
assessment and preparation of court report (12 wks) – insufficient
time for depth focus, reflection and coverage – particularly compared
to those for FC and adoption.

Survey found mixed views – some carers felt assessment too
intrusive and lengthy.

Concerns about short time span for ‘settling in’ particularly where
child had not previously lived with SG – suggestions include need for
pre-order trial period / interim order.
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3.
Quality of assessment

Permanent nature of the SGO & profile of children and prospective SG = need
for sufficient safeguards to quality assure the assessment and decision.

Comprehensive and detailed coverage needed.

Carers generally felt assessments were thorough, however, some felt over
intrusive, duplicated existing information and off putting.

Need to build on not duplicate earlier assessments.

Challenge therefore for LAs to get right balance – robust yet flexible.

Variable quality assurance


Limited use of permanence panels (2) v 5 areas signed off by senior managers.

Unclear procedures for private applications.
SGO being granted with other orders:

York = 26% with contact order, 11% with supervision order.

2008 study of court reports = : 30% with contact orders, 24% supervision
orders, 2 cases with care orders (Hall. A. Child & Family Quarterly 20-3)

Gives access to LA resources (e.g. supervise birth family contact) & support
and allows ongoing monitoring in early stages.
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
63% of carers in study had reached court decision to grant SGO
(timescale for decision 1 – 15 months)

Carers response overwhelmingly positive – only one carer’s
preference remained adoption though many others had initially
considered it.

Within a year or so most carers (76%) and sw (83%) reported SG
arrangements going ‘very well’

Carers mostly felt that SG was meeting their expectations –
sufficient parental control and legal security and enabling on-going
family contact:
“With SG you have to treat her like its your child, whatever decisions,
make it with her in mind, what’s best for her, it gives you control over
everything. It gives you greater responsibilities, it finally dawns on you
that you are the one responsible for this child....its still better knowing
the LA is not involved.” (Adult cousin)
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
Impact of SG role on carers lives – similar to issues reported in studies of
kinship care:
“It’s wearing me down, it has had a big impact on me, when do I get a life? I’m going
to be 62 by the time she’s 18.” (Grandmother)

High degree of commitment from carers especially as many had not expected to
take on the role of carer, which led to adjustment of life plans (giving up job,
plans for retirement etc).

Where child had been resident with kin longer term – family life continued with
minimal change.

Enduing issues around children’s emotional and behavioural wellbeing,
attachment and education – impact of past experiences:
“ He isn’t an easy little boy to care for, he's got such a lot of problems. There have
been times when I’ve sat down and cried but a lot of the time he’s worth it. You think
now I know why I love him.” (Grandmother)
“We are close. He’s my shadow, because of the things that have happened to him he
gets very upset. I can’t be anywhere without him – now that we are a family.”
(unrelated ex foster carer)

Given profile of children and carers, it is likely that many SGs will need
some continuing/future professional support.

Assessment of needs was often carried out at application stage – ensures
carers aware of practical/financial support available.

Not all potential SGs are eligible for assessment of support needs & LAs
are not obliged to provide support - whether needs assessed or not.

80% of carers reported having a needs assessment – though not all had
received support once SGO made – some went to court to secure support.

Some LAs reported high demand for support services and impact/strain
this could have on post order services and resources.

Structures for dealing with support needs varied – most through postadoption support teams other LAs considering realignment of more
resources to SG.
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
Most SW ceased working with SG families (61%) - feelings about reduced contact varied:

many SGs welcomed being free of restrictions and ‘surveillance’ and opportunity for
normal family life

but some felt support ended too abruptly.

Access to /awareness of information & advice was valued.

Support to manage contact and family relationships:

61% received help with mediation/support to help negotiate family relationships

can be huge draw upon sw time and resources.

Therapeutic services – understand & address child’s challenging behaviour (34% - mainly
CAMHS).

Training needs of carers and need for support groups - lack of specific groups and training
for SG, some attended adoption, foster carer or Grandparent support groups or sessions.
Respite rarely used (6%).

Issue of willingness to access support or return to social services should difficulties arise –
fear of being perceived as unable to cope.

Likelihood of long-term need – unknown demand.
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
Need for consistent policies in this area.

Payments varied - despite case law and guidance:




Some LAs offered standardised package – others offered tailored package
(e.g. duration of SGO). Many offered prior FC ongoing fostering allowance
(timescales varied).
Less clear/consistent policies for those not previously FC – some received
same standard allowance, however, few cases where no payments made.
Evidence that some LAs tried to negotiate payments downwards and that
many carers incurred considerable costs in taking on SG.
Despite concerns voiced in policy interviews - survey of carers suggested
little evidence of SGs pressing LAs for additional resources.

Most carers in receipt of regular financial payments from LAs (90%), half
received help with initial legal fees.

One off payments to settle child in or enable SG to take on care of child (e.g.
fund child care, new car, home alterations).

The prospect of financial and other support had been an important factor in
around half of the cases in our survey – financial security for the child.

Overall, encouraging findings - carers and practitioners felt generally positive

Special guardianship represents an important addition to the range of permanence
options for children who cannot remain with their birth parent(s)

Early and current statistics suggest that the number of are SGOs is continuing to
rise year on year – not yet clear what impact this will have on other orders or
options.

Our research suggested that SG was being used for broader range of children
than anticipated and that it is more likely to be taken up by kinship carers.

Our research showed considerable variation across LAs and identified a need for
clear practice guidance to ensure consistency and robustness in assessment and
support services – see BAAF 2011.

Need for clear LA structures to process and support SG applications and deliver
support to meet current and future needs.

How can if be effectively resourced – issue for current climate

Research carried out early and too soon to see long term impact and success of
SG arrangements - how durable and secure are SGOs?
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
Issues emerging from experience and practice.

Issues for consideration:

Types of children and carers making use of SG.

Public and Private applications.

How unrelated foster carers, caring for older settled children, can
be brought to SG in greater numbers. What is the potential and
what are the barriers?

Assessment, quality assurance and safeguarding of children.

If upward curve in applications continues, how might SG impact on
other permanence options for children?

The potential long-term nature of services that might be needed.
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Jo Dixon - Social Policy Research Unit
[email protected]
A book based on the research findings is available
from BAAF
http://www.baaf.org.uk/bookshop/book_sgp
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