Special guardianship allowance calculator

Who can get a special guardianship allowance?

Written and reviewed by Patricia Hughes · Last updated · last reviewed

Special guardianship orders are made under section 14A of the Children Act 1989. They exist in England, Wales and Northern Ireland. They do not exist in Scots law, if you are in Scotland, kinship care works differently.

Children Act 1989, s.14A (checked 2026-08-29)

The question that decides how strong your position is

Was the child in the council's care immediately before the order was made?

If yes, and you ask, your council must assess your needs for support. This is not a courtesy and it is not discretionary. The Children Act says a council may carry out an assessment on request, and that it must do so where the person asking is of a description set out in regulations.

Children Act 1989, s.14F(3) (checked 2026-09-03)

The regulations then name the people who have to be assessed on request, and that list includes a special guardian of a child who was looked after immediately before the order was made.

Special Guardianship Regulations 2005, reg 11 (checked 2026-09-03)

So the two go together: the Act creates the duty, and the regulation says who it applies to.

If no, and the child was not looked after, your council does not have to assess you. But it cannot simply ignore you either.

If it is minded not to carry out an assessment, it has to tell you so, give its reasons, and give you a chance to make representations before it decides. That is worth knowing, because "no" without reasons is not a proper answer even here.

What I could not find is any published rule for how a council decides to assess when it does not have to. I went looking for one. If your council has written that down, it will be in its policy, and that is a reason to ask for it.

Whether support is then payable is a separate question, and that is what regulation 6 governs.

Special Guardianship Regulations 2005, reg 6 (checked 2026-08-29)

If you are not sure which applies to you, ask your social worker or check the court paperwork. It matters enough to be worth confirming.

The money is up to the council, the decision is not

Even where an assessment is mandatory, there is no fixed amount you can require your council to pay. Financial support under regulation 6 is discretionary, which means it is up to the council.

What you can expect is a proper decision:

Which council

For three years from the making of the order, the council that looked after the child stays responsible for assessing support needs, even if you have moved away.

Special Guardianship Regulations 2005, reg 5 (checked 2026-08-29)

More on that in which council is responsible.

What you can check, and what you have to ask for

One question decides most of this, and the answer is in your court paperwork. Was the child looked after immediately before the order? If so, an assessment on request is a duty and not a favour.

Where the child was not looked after, your council may still assess you, and you can ask it to. How it decides whether to is written down nowhere I could find. If your council has a rule for it, that rule will be in its policy.

Work out what your council should be paying you It takes under a minute, and nothing you type leaves your browser.

Common questions

The child was never in care. Can I still get support?

Yes. Where the child was not looked after immediately before the order, the council does not have to assess you, but it can, and you can ask it to in writing. If it is minded to refuse, it has to give you its reasons and let you respond before it decides.

How do I know if the child was 'looked after'?

It means the child was in the council's care or accommodated by it immediately before the order was made. Your social worker or the court paperwork will confirm it.

This is an estimate, not legal advice. Financial support for special guardians is discretionary, and there is no fixed amount you can require your council to pay. It shows you the figure your council should be starting from, and what the rules and the published decisions say about how it has to decide.

Your council can lawfully pay less than the maximum after properly assessing your circumstances. If something here matters to your case, talk to one of the advice lines below before you rely on it.

Where these figures and rules come from

  • Children Act 1989, s.14F(3) (checked 2026-09-03)
    A local authority MAY assess a person's needs for special guardianship support services on request, but MUST do so where that person is of a description prescribed in regulations. The duty to assess therefore does not exist in the Act alone: it needs reg 11(1) to supply the prescribed description.
  • Special Guardianship Regulations 2005, reg 11 (checked 2026-09-03)
    Prescribes, for the purposes of s.14F(3), the persons at whose request an assessment MUST be carried out: reg 11(1)(a) a relevant child looked after, or looked after immediately before the order; (b) a special guardian or prospective special guardian of such a child; (c) a parent of such a child. Where reg 11(1) does not apply, reg 11(2) to (3) require the authority, if minded not to assess, to give notice with reasons and allow representations.
  • Special Guardianship Regulations 2005, reg 6 (checked 2026-08-29)
  • Children Act 1989, s.14A (checked 2026-08-29)
  • Special Guardianship Regulations 2005, reg 5 (checked 2026-08-29)
    The council remains responsible for assessing support needs for three years from the making of the order.

Who can help

These organisations give free, independent advice on kinship care and special guardianship. They are not part of your council.

  • Kinship: advice and peer support for kinship carers. kinship.org.uk
  • Family Rights Group: free advice line for families dealing with children's services. frg.org.uk
  • Citizens Advice: benefits, debt and general advice. citizensadvice.org.uk
  • Local Government and Social Care Ombudsman (England), if you have complained to your council and are not satisfied. lgo.org.uk