Are kinship care benefits available under a special guardianship order?

A special guardianship order (SGO) does not create an automatic entitlement to a fixed payment. However, a local authority may provide financial support to a special guardian where an assessment shows that help is needed to care for the child. The amount, duration and conditions of that support are set under the special guardianship support framework and the local authority’s published policy.

Financial assistance is usually considered as part of a wider assessment of the child’s needs and the proposed special guardian’s circumstances. The assessment may consider:

• the child’s age, health, development and any additional needs;
• the costs of caring for the child, including accommodation, travel, equipment or childcare;
• the special guardian’s income, expenditure and household circumstances;
• any effect the arrangement may have on the special guardian’s ability to work;
• the child’s previous care arrangements and whether the child was looked after by a local authority; and
• other financial help available to the child or household.

Some local authorities use a means-tested approach, while others apply different criteria depending on the child’s circumstances. A payment may be regular, one-off or linked to a particular need. For example, support could relate to setting up the placement, meeting an assessed need or helping with an ongoing cost. There is no single national SGO allowance rate that applies in every case.

Where an SGO is being considered, it is sensible to ask the local authority for information about financial support before the court makes the order. The authority should explain its assessment process and may prepare a support plan. This can set out the type of assistance being considered, how it will be paid, whether it will be reviewed and what information the special guardian must provide.

Support can sometimes be considered after the order has been made, particularly if the child’s needs change or a new difficulty emerges. A special guardian can ask the relevant local authority to assess their need for support. The authority may request evidence such as income details, household outgoings, information about the child’s needs and documents relating to the SGO.

An SGO payment is not the same as a fostering allowance. A special guardian has parental responsibility for the child and is not approved as a foster carer simply because they receive SGO-related financial support. The payment should therefore be assessed under the rules applying to special guardianship, rather than assumed to follow fostering payment arrangements.

Other forms of help may also be relevant, depending on the child’s circumstances and the household’s eligibility. These could include mainstream benefits or assistance connected with disability or education. Receiving an SGO payment can affect how other support is assessed, so it is important to check the position with the relevant benefits service and obtain regulated welfare benefits or tax advice where necessary.

If the local authority declines financial support, offers an amount that does not reflect the assessment or changes an existing payment, ask for the decision and reasons in writing. Check the authority’s review or complaints procedure and the timescale for requesting reconsideration. A family solicitor or specialist kinship care adviser can help assess whether the decision has followed the relevant rules and whether further evidence should be provided.

For practical guidance, begin by contacting the local authority responsible for assessing the SGO arrangement and ask specifically about its special guardianship support policy, financial assessment form and review process. Keep copies of the assessment, support plan, payment decision and any correspondence, as these documents can be important if the child’s needs or your circumstances change.