How to Manage Breach of Special Guardianship Orders in the UK
Understanding Special Guardianship Orders (SGOs)
Special Guardianship Orders (SGOs) are a type of legal order in the UK that grants an individual or couple parental responsibility for a child. They are typically used when a child cannot live with their birth parents and provide a more secure arrangement than fostering. To understand the wider picture, including the advantages and disadvantages of a Special Guardianship Order, it is worth reading our detailed guide.
The Legal Framework of Special Guardianship Orders
Special Guardianship Orders are governed by the Children Act 1989 and the Adoption and Children Act 2002. These laws outline the criteria for granting a Special Guardianship Order, the rights and responsibilities of special guardians, and the procedures for managing breaches.
Rights and Responsibilities of Special Guardians
As a special guardian, you have the authority to make most decisions about the child’s upbringing. You also have a duty to provide for the child’s welfare and to maintain regular contact with the local authority.
The Child’s Rights Under a Special Guardianship Order
Under a Special Guardianship Order, the child has the right to a safe and stable home environment. They also have the right to maintain contact with their birth parents, unless it is deemed harmful to their welfare.
If you need help and advice on a special guradanship Order please speak with our Special Guardianship Order Solicitors.
Common Breaches of Special Guardianship Orders
It’s possible for the breach of a Special Guardianship Order to come from either the special guardian or the birth parent(s).
Potential Breaches from a Special Guardian
A special guardian can breach a Special Guardianship Order in several ways, including:
Failure to Meet the Child’s Needs: Not providing adequate care, education, or health needs for the child.
Unapproved Changes in Living Arrangements: Moving the child to a different location or living arrangement without informing the relevant authorities or obtaining permission.
Inappropriate Relationships: Allowing the child to be in contact with individuals who pose a risk to their safety or well-being.
Ignoring Contact Arrangements: Not facilitating agreed-upon contact with the child’s birth parents or other significant individuals when stipulated by the Order.
Refusal to Share Information: Withholding information about the child’s welfare or significant events from relevant authorities or the child’s birth family.
Neglect or Abuse: Engaging in any form of neglect or abuse toward the child.
Substance Abuse: Engaging in substance abuse that negatively impacts the ability to care for the child.
Involvement with Legal Issues: Becoming involved in legal issues that could affect the child’s safety or stability.
Potential Breaches from a Birth Parent
A birth parent can breach a Special Guardianship Order in several ways, including:
Unauthorised Contact: Attempting to contact the child without permission, especially if the order specifies limited or supervised contact.
Disregarding Court Orders: Ignoring any specific stipulations in the Special Guardianship Order, such as visitation schedules or conditions for contact.
Neglecting Responsibilities: Failing to fulfill any agreed-upon responsibilities or commitments related to the child’s welfare.
Creating Disturbances: Engaging in behaviour that disrupts the stability of the child’s environment, such as harassment of the special guardian.
Substance Abuse: Engaging in substance abuse that could endanger the child or affect their well-being.
Failure to Communicate: Withholding important information from the special guardian or relevant authorities that impacts the child’s welfare.
Involvement with Risky Individuals: Exposing the child to individuals who pose a risk to their safety or emotional well-being.
Failure to Attend Court-Ordered Meetings: Not participating in any required meetings or evaluations that are part of the special guardianship arrangement.
Immediate Steps Following a Suspected Breach
If you suspect a breach of a Special Guardianship Order, it is vital to document any evidence and seek legal advice.
You should also report the breach to the local authority, who has a duty to investigate and take appropriate action.
Legal Implications and Consequences of Breaching a Special Guardianship Order
The consequences of breaching a Special Guardianship Order can vary depending on the severity of the breach and the specific circumstances. Possible consequences include:
Court Review: The Court may review the special guardianship arrangement to assess the situation and determine if any changes are needed.
Modification of the Order: The Court may modify the terms of the Special Guardianship Order, potentially restricting contact or changing guardianship arrangements.
Increased Monitoring: Authorities may increase monitoring of the child’s welfare and the guardianship arrangement to ensure compliance.
Legal Action: Breaching the order could result in legal action against the individual who breached it, including potential criminal charges in cases of severe neglect or abuse.
Loss of Contact Rights: Birth parents may lose their rights to contact or visitation with the child if they violate agreed-upon terms.
Counselling or Support Requirements: The court may mandate counselling or other support services for the individual who breached the Order.
Placement Changes: In severe cases, the child may be removed from the special guardian’s care and placed in another suitable arrangement.
Impact on Future Legal Proceedings: A breach can negatively affect future legal proceedings or custody considerations.
It’s important for all parties involved to adhere to the terms of the Order to ensure the child’s well-being and stability.
In some cases of a breach of a Special Guardianship Order court intervention may be necessary. This is particularly true when breaches persist despite mediation efforts. Applying to the Court for enforcement is a serious step which requires careful preparation and a clear understanding of the potential outcomes. Taking advice from a special guardianship solicitor is essential in these circumstances.
The Role of Special Guardianship Solicitors
Our Special Guardianship Order solicitors can play an important role in managing breaches of Special Guardianship Orders. We can provide expert advice, guide you through the legal process, and represent your interests in Court (if Court cannot be avoided)
If you’re dealing with a breach of a Special Guardianship Order, it’s essential to seek legal advice promptly. Our solicitors can help you understand your rights, obligations, and the potential outcomes of your case and help you to avoid Court Intervention. For example, we can instigate mediation as a platform for open dialogue, aiming to reach a mutually agreeable solution. Mediation can be less adversarial and stressful than court proceedings and it allows for more flexible solutions that cater to the unique needs of the child involved.
We pride ourselves on being friendly and approachable so if you need advice, please do get in touch by calling 0208 889 3319 or via the form below.
