12.—(1) Where the local authority carry out an assessment of a person’s needs for special guardianship support services they must have regard to such of the following considerations as are relevant to the assessment—
(a)the developmental needs of the child;
(b)the parenting capacity of the special guardian or prospective special guardian, as the case may be;
(c)the family and environmental factors that have shaped the life of the child;
(d)what the life of the child might be like with the person falling within sub-paragraph (b);
(e)any previous assessments undertaken in relation to the child or a person falling within sub-paragraph (b);
(f)the needs of a person falling within sub-paragraph (b) and of that person’s family;
(g)where it appears to the local authority that there is a pre-existing relationship between a person falling within sub-paragraph (b) and the parent of the child, the likely impact of the special guardianship order on the relationships between that person, that child and that parent.
(2) The local authority must, where they consider it appropriate to do so—
(a)interview the person whose needs for special guardianship support services are being assessed;
(b)where the person falling within sub-paragraph (a) is a child, interview—
(i)any special guardian or prospective special guardian, as the case may be, of the child; or
(ii)any adult the local authority consider it appropriate to interview.
(3) Where it appears to the local authority that the person may have a need for services from [F1a Local Health Board, [F2an integrated care board], [F3NHS England]] or [F4another local authority], they must, as part of the assessment, consult [F5that [F6body]].
(4) After undertaking an assessment, the local authority must prepare a written report of the assessment.
Textual Amendments
F1Words in reg. 12(3) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 82(3)(a)
F2Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))
F3Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F4Words in reg. 12(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 (S.I. 2010/1172), art. 1(1), Sch. 3 para. 56(3)(a)
F5Words in reg. 12(3) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 82(3)(b)
F6Word in reg. 12(3) substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 21(2)
Commencement Information