{
  "url": "https://openlegislation.uk/special-guardianship-regulations-2005/regulation-12",
  "json_url": "https://openlegislation.uk/special-guardianship-regulations-2005/regulation-12.json",
  "legislation": "uksi/2005/1109",
  "legislation_title": "The Special Guardianship Regulations 2005",
  "legislation_url": "https://openlegislation.uk/special-guardianship-regulations-2005",
  "path": "regulation/12",
  "kind": "regulation",
  "number": "12",
  "heading": "Procedure for assessment",
  "text": "(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—\n(a) the developmental needs of the child;\n(b) the parenting capacity of the special guardian or prospective special guardian, as the case may be;\n(c) the family and environmental factors that have shaped the life of the child;\n(d) what the life of the child might be like with the person falling within sub-paragraph (b);\n(e) any previous assessments undertaken in relation to the child or a person falling within sub-paragraph (b);\n(f) the needs of a person falling within sub-paragraph (b) and of that person’s family;\n(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.\n(2) The local authority must, where they consider it appropriate to do so—\n(a) interview the person whose needs for special guardianship support services are being assessed;\n(b) where the person falling within sub-paragraph (a) is a child, interview—\n(i) any special guardian or prospective special guardian, as the case may be, of the child; or\n(ii) any adult the local authority consider it appropriate to interview.\n(3) Where it appears to the local authority that the person may have a need for services from a Local Health Board, an integrated care board, NHS England or another local authority, they must, as part of the assessment, consult that body.\n(4) After undertaking an assessment, the local authority must prepare a written report of the assessment.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words 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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words 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))"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words 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"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words 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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words 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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word 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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 12 in force at 30.12.2005, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2005/1109/regulation/12",
    "retrieved_at": "2026-10-29T04:59:44.380384+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}