Special Guardianship Orders

When a child(ren) is unable to live with their birth parents, extended family members or close friends may look after them, and there are certain circumstances that require or may be best resolved by a Special Guardianship Order (SGO) to provide the child(ren) with a stable, safe and nurturing environment.

In this article we look at the essential aspects of Special Guardianship Orders, exploring what they are, who can apply and how to apply, as well as the impact they have on parents, children and guardians.

Under the Children Act 1989 (as amended), a Special Guardianship Order appoints one or more individuals to be a child’s special guardian, giving them overriding parental responsibility to look after the child and enabling them to make all the day-to-day and important decisions, such as schooling and consent to medical treatment.

An SGO is issued by the court and is intended for children who cannot live with their birth parents and who would benefit from a legally secure placement. However, unlike adoption, the child’s birth parents remain their legal parents.

To be able to apply to be a special guardian you must be over the age of 18 and have a connection with the child but cannot be the child’s parent. A joint application can be made if you are applying with someone else.

You can apply for an SGO if –

• You’re already the child’s legal guardian.
• You have a child arrangements order, or the child is already living with you.
• The child in question has lived with you for at least three of the last five years.
• You have the consent of the local authority if the child is in care.
• You are a local authority foster parent with whom the child has lived for at least one year prior to the application.
• You are a relative of the child and the child has resided with you for at least one year prior to the application.
• You have the consent of all those with parental responsibility.

It is always advisable to seek legal advice surrounding special guardianship orders as family law experts will be able to establish the eligibility of the person applying and take you through the process.

Firstly, you must inform your local authority along with anyone currently named in existing Court proceedings or orders regarding the child, that you intend to make an application to the court.

You then must wait 3 months before you can officially apply to the court which entails several forms to be completed and sent to your local Family Court. It is crucial all forms are filled out correctly and promptly after informing the correct parties. Specialist legal advice can minimise delay and increase the chance of a successful order being obtained.

The court will review the forms and the circumstances of the case and decide if a Special Guardian Order is in the best interest of the child in question.

• Legal rights/duties towards the child e.g. the child will live with you permanently until they turn 18.
• Responsibility for the care/upbringing/decisions relating to the child.

It is important to note however that although the newly appointed guardian is predominantly responsible for the child, parental responsibility from the birth parents is not diminished entirely. Special Guardian’s cannot do certain things without consulting the child’s parents, for example, you cannot:

• Change the child’s surname.
• Take the child abroad for more than 3 months.
• Agree for the child to be placed for adoption.

However, should the child’s birth parents wish to discharge the SGO, they would need to apply to the court and show there has been a notable change in circumstances since the order was placed. They would also need to prove that the discharge of the SGO would be in the best interests of the child.

Here at Backhouse Solicitors our lawyers can discuss your case with you and explore the different options available for your matter. Contact one of our expert Family Lawyers to book your free 30-minute consultation.

Tel:          01245 893400
Email:     info@backhouse-solicitors.co.uk
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