The Advantages and Disadvantages of a Special Guardianship Order

A Special Guardianship Order (SGO) gives an individual long-term responsibility for a child without ending the legal relationship between the child and their birth parents. While Special Guardianship Orders can provide stability and security, they can also create practical, financial and legal challenges for guardians and families. This article explains some of the potential disadvantages of a Special Guardianship Order, including the responsibilities it creates, the impact on family relationships, and the factors individuals should consider before applying.

As Family Law Solicitors, We Are Often Asked “What Are The Disadvantages of a Special Guardianship Order”

The Special Guardianship Order is designed to provide stability for children who cannot live with their birth parents. However, they also come with their own set of advantages and disadvantages.

Understanding Special Guardianship Orders (SGOs)

Special Guardianship Orders, also called SGO’s, are a type of legal order under UK family law. They are designed to provide a secure and stable home for children who cannot live with their birth parents. For a full explainer, see our article on Special Guardianship Orders: what are they and how do they work.

Special Guardianship Orders grant parental responsibility to the special guardian. This means they have the authority to make decisions about the child’s upbringing, such as their education and healthcare.

However, unlike adoption, an SGO does not sever the legal ties between the child and their birth parents. This allows the child to maintain a connection with their biological family.

Key aspects of SGOs include:

• Providing stability and permanence for the child
• Granting parental responsibility to the special guardian
• Maintaining legal ties with the birth parents
• Allowing for contact arrangements with the birth parents

If you need help and advice on a special guradanship Order please speak with our Special Guardianship Order Solicitors.

The Legal Framework of SGOs

SGOs are governed by The Children Act 1989. This legislation outlines the criteria for granting an SGO and the responsibilities of special guardians.

The Act emphasises the welfare of the child as the paramount consideration. This means that all decisions regarding an SGO must be made in the best interests of the child.

The court also takes into account the child’s wishes and feelings. This is particularly important in cases where the child is old enough to express their views.

Who Can Apply for an SGO?

A range of individuals can apply for an SGO. This includes:

• Any individual who has permission from the court
• A local authority foster parent with whom the child has lived for one year immediately preceding the application
• A guardian of the child
• A person who has a residence order with respect to the child
• A person with whom the child has lived for three out of the last five years

It’s important to note that the court will only grant a Special Guardianship Order if it believes it is in the child’s best interests.

Parental Responsibility and Special Guardianship Orders

Parental responsibility is a key aspect of Special Guardianship Orders. It refers to the legal rights, duties, powers, responsibilities and authority a parent has for a child.

When an SGO is granted, the special guardian assumes parental responsibility for the child. This means they have the authority to make all the day-to-day decisions about the child’s upbringing.

However, parental responsibility is shared with the birth parents. This means that the special guardian must consult with the birth parents on certain important matters, such as:

• Changing the child’s surname
• Removing the child from the UK for more than three months
• Non-urgent medical treatment

Despite these limitations, special guardians have more rights and powers than individuals with a Child Arrangements Order. This makes Special Guardianship Orders a more robust form of legal guardianship.

The Impact on Birth Parents’ Rights

A Special Guardianship Order does not sever the legal ties between the child and their birth parents. This means that the birth parents retain their parental responsibility.

However, the special guardian’s decision-making power is paramount. This means that the special guardian can override the birth parents’ wishes if they believe it is in the best interests of the child.

Despite this, the birth parents have the right to apply to the court to vary or discharge the Special Guardianship Orders. This means they can request changes to the Order or ask for it to be removed. However, they must demonstrate that there has been a significant change in circumstances since the Order was made.

Advantages and Disadvantages of a Special Guardianship Order

Advantages

Special Guardianship Orders offer several advantages, both for the child and the special guardian. One of the primary benefits is the stability and permanence it provides for the child.

• It offers a secure and stable home environment for the child.
• It allows the child to maintain a legal connection with their birth family.
• It provides the special guardian with clear authority to make decisions on behalf of the child.

Stability and Permanence for the Child

A key advantage of a Special Guardianship Orders is the stability and permanence it provides for the child. Unlike other forms of legal guardianship, an SGO is intended to be a long-term arrangement. This can provide the child with a sense of security and belonging, which is crucial for their emotional and psychological well-being.

An SGO allows the child to maintain a legal connection with their birth family. This can be beneficial for the child’s identity and sense of self, particularly as they grow older and start to explore their roots.

Legal Rights and Support for Guardians

For the special guardian, a Special Guardianship Orders provides clear legal rights and authority. This can make it easier for them to make decisions on behalf of the child, particularly in relation to education and healthcare.

In addition, special guardians may be eligible for support and resources from their local authority, this can include financial assistance. This support can be invaluable in helping special guardians to fulfil their role effectively.

Disadvantages of Special Guardianship Orders

While Special Guardianship Orders offer numerous benefits, they also come with certain drawbacks. These can include potential for conflict, limited support and emotional challenges.

• There may be potential for conflict between the special guardian and the birth parents.
• The support provided to special guardians can sometimes be limited.
• The emotional impact on all parties involved can be significant.

Potential for Conflict and Limited Support

One of the main disadvantages of a Special Guardianship Orders is the potential for conflict between the special guardian and the birth parents. This can arise due to disagreements over the child’s upbringing or contact arrangements.

In addition, while special guardians may be eligible for support from their local authority, this can sometimes be limited. This can place additional pressure on the special guardian, particularly if they are also dealing with their own emotional challenges.

Emotional and Psychological Considerations

The emotional impact of a Special Guardianship Orders on all parties involved can be significant. For the child, adjusting to a new living arrangement can be challenging, particularly if they have experienced trauma or disruption in the past.

For the special guardian, the responsibility of caring for the child, coupled with the complexity of the legal system, can be emotionally taxing. Similarly, birth parents may experience feelings of loss or grief, which can further complicate the situation.

The Complexities of Special Guardianship Orders

One of the disadvantages of a Special Guardianship Order is the legal element. The legal procedures involved can be intricate and stressful. Understanding your rights and obligations as a special guardian is crucial. This includes knowing the extent of your parental responsibility, the support available to you, and the potential challenges you may face.

Moreover, it’s important to consider the impact of the Special Guardianship Order on the child. Their welfare and best interests should always be at the forefront of any decisions made.

The Role of Legal Advice and Representation

Seeking legal advice from a special guardianship specialist solicitor crucial when applying for a Special Guardianship Order. A family law solicitor that specialises in special guardianship orders can guide you through the legal procedures, explain your rights and obligations, and represent your interests in court.

They can also provide valuable advice on how to manage potential conflicts, ensure the child’s welfare, and access the support you need as a special guardian.

The Importance of Mediation and Collaborative Practice

In cases where there is potential for conflict, mediation and collaborative practice can be invaluable. These approaches aim to resolve disputes in a non-confrontational manner, focusing on the best interests of the child.

Mediation can help all parties involved to communicate effectively, understand each other’s perspectives, and reach a mutually agreeable solution. Collaborative practice, on the other hand, involves working together with legal professionals and other experts to find a resolution that meets everyone’s needs.

Weighing the Advantages and Disadvantages of the Special Guardianship Order.

Special Guardianship Orders offer a legal framework that can provide stability and permanence for children who cannot live with their birth parents. They grant special guardians significant rights and responsibilities, while still allowing for some level of contact with the birth parents.

However, they also come with potential challenges, including the possibility of conflict, limited support, and emotional and psychological considerations. Therefore, it’s crucial to weigh up the advantages and disadvantages of the Special Guardianship Order to all involved.

Seek expert legal advice, and consider the child’s welfare and best interests at all times when contemplating a Special Guardianship Order

Frequently Asked Questions

What is a Special Guardianship Order?

A Special Guardianship Order (SGO) is a legal order under the Children Act 1989 that gives an individual long-term parental responsibility for a child who cannot live with their birth parents. Unlike adoption, an SGO does not end the legal relationship between the child and their birth parents, allowing the child to maintain a connection with their biological family while living in a secure and stable home with their special guardian.

What are the disadvantages of a Special Guardianship Order?

The main disadvantages of a Special Guardianship Order include the potential for conflict with birth parents over the child’s upbringing or contact arrangements, the sometimes limited support and financial assistance available from local authorities, and the emotional and psychological impact on the child, the special guardian and the birth parents. The legal procedures involved can also be intricate and stressful, which is why specialist legal advice is recommended.

How do you apply for a Special Guardianship Order?

To apply for a Special Guardianship Order, you must usually give your local authority at least three months’ written notice of your intention to apply. An application is then made to the Family Court, which will consider a detailed assessment and report before making a decision. The court’s primary consideration is the child’s welfare. Seeking legal advice before applying can help you understand the process, eligibility requirements and likely outcomes.

What rights do I have with a Special Guardianship Order?

A Special Guardianship Order gives you parental responsibility for the child and allows you to make most important decisions about their upbringing without needing consent from the child’s parents. Although birth parents usually retain parental responsibility, a special guardian can generally exercise their parental responsibility to the exclusion of others on most day-to-day matters. Certain significant decisions, such as changing the child’s surname or taking them abroad permanently, may still require consent or a court order.

How can Special Guardianship Order solicitors assist with legal matters?

Special Guardianship Order solicitors can advise on eligibility, prepare and submit applications, review local authority assessments and represent you in Family Court proceedings. They can also provide advice on issues that arise after an order is made, including disputes with birth parents, contact arrangements, parental responsibility concerns and applications to vary or discharge a Special Guardianship Order.