keep The Special Guardianship (Amendment) Regulations 2016
The Special Guardianship (Amendment) Regulations 2016 amend the Special Guardianship Regulations 2005, which govern court reports for special guardianship orders under the Children Act 1989. The amendments expand reporting requirements to include: any harm the child has suffered; risk of future harm from parents, relatives or other relevant persons; assessment of the prospective guardian's current and past relationship with the child; and an expanded evaluation of the prospective guardian's parenting capacity including their understanding of the child's needs arising from past harm and their ability to protect the child from future risk and unsuitable contact.
Without these amendments, court reports on special guardianship applications could omit critical information about harm the child has suffered and future risks to the child's safety. Deleting this would increase the risk of children being placed with guardians who cannot adequately protect them from harm or manage contact with harmful parties. While additional assessment requirements impose some administrative cost on local authorities, the protective benefit to vulnerable children substantially outweighs these costs, and alternative lighter-touch approaches would compromise the thoroughness required for such sensitive child welfare decisions.