Can special guardianship allowance be negotiated with the local authority?

Special guardianship allowance has limited scope for negotiation. The local authority must reach its decision within the applicable special guardianship support regulations, statutory guidance and its own financial policy. It should, however, explain how it reached the figure and take relevant evidence into account. Negotiation is therefore usually about making sure the assessment is accurate, complete and based on the child’s actual circumstances, rather than bargaining for an amount outside the authority’s framework.

The proposed allowance may be influenced by matters such as:

• the child’s age, needs and circumstances;
• any disability, health condition or developmental need;
• additional costs arising from contact arrangements, travel, childcare, equipment or therapeutic support;
• the special guardian’s household income, expenditure and financial commitments;
• benefits or other financial support available to the child or guardian; and
• whether the child was previously looked after and whether particular provisions apply to the case.

Local authorities commonly carry out a means assessment before deciding whether an allowance is payable and, if so, at what level. This means that two families caring for children under special guardianship may receive different outcomes. An allowance is not normally intended to replace every cost of raising a child, and the authority may distinguish between ordinary household costs and expenses that arise specifically from the child’s needs or the special guardianship arrangement.

If you believe the proposed amount is too low, ask the authority for the decision in writing. The explanation should identify the policy or assessment method used, the information considered, any deductions applied and the date from which payments would begin. Request a copy of the completed financial assessment where this is available, checking that the authority has used current information and has not overlooked relevant costs.

Useful evidence can include:

• a clear breakdown of regular additional expenditure;
• receipts, invoices, travel records or professional recommendations where relevant;
• information about the child’s education, health, care or contact needs;
• details of changes in employment, housing, household income or essential expenditure; and
• evidence explaining why a cost is necessary and connected with the child’s care.

It is usually more effective to link each requested adjustment to a specific need than to ask generally for a higher payment. For example, explain how a continuing travel requirement affects the household budget, how a recommended service meets an identified need, or why the child’s circumstances have changed since the original assessment.

Before the special guardianship order is made, ask for the proposed financial support arrangements to be recorded in the support plan or written agreement. Check the proposed payment rate, frequency, review arrangements, start date, conditions and the circumstances in which the authority may reassess the support. Clarify whether one-off costs will be considered separately from recurring payments, as these may be dealt with under different parts of the authority’s policy.

After an allowance has been awarded, it may be possible to request a review if the child’s needs or the guardian’s circumstances change. A review does not automatically result in an increase, and the authority may ask for updated financial information. Keep records of significant changes and notify the authority in the way set out in the support agreement.

If the authority refuses to change its decision, use its formal review or complaints process and ask for the relevant timescales and appeal route. A complaint may address errors in the assessment, failure to consider relevant evidence, inconsistent application of policy or inadequate reasons. It is not normally an appeal that allows a completely new amount to be imposed simply because the guardian disagrees with the decision.

Where the disagreement is substantial, independent advice from a solicitor or a suitably experienced special guardianship adviser can help you understand the authority’s duties and whether the decision-making process was lawful. Legal advice is particularly important if the authority has applied its policy incorrectly, failed to consider the child’s assessed needs or proposes withdrawing support without following the required process.

Any allowance agreed should also be considered alongside benefits, tax and other support for which the household may qualify. Those rules are separate from the local authority’s special guardianship assessment, so obtain benefits advice before relying on a proposed payment when planning the household budget.