Special Guardianship Orders: What are they and how do they work?

A Special Guardianship Order is a Family Court order that gives a child long-term stability with someone who is not their parent, while preserving the child’s legal relationship with their birth family. This article explains what a special guardianship order is, what rights and responsibilities it gives to a special guardian, and how to apply.

What is a Special Guardianship Order (SGO)?

A Special Guardianship Order (SGO) is a legal order granted by the court. It places a child or young person under the care of someone other than their parent, known as the ‘special guardian’.

This order is designed to provide a stable, long-term home for a child where adoption is not a suitable option. It offers more permanence than a Child Arrangement Order, as it’s harder to discharge. The special guardian assumes parental responsibility and can make decisions on behalf if the child, but unlike adoption, the child’s legal ties with their birth parents are not severed.

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

The Legal Framework of SGOs in the UK

The legal framework for Special Guardianship Orders is outlined in The Children Act 1989. This legislation was amended by the Adoption and Children Act 2002 to introduce Special Guardianship Orders. The aim was to provide an alternative to adoption that offers permanence for children who cannot live with their birth parents.

Special Guardianship Orders are designed to balance the need for stability in the child’s life with maintaining connections to their birth family. The court’s paramount consideration in granting a Special Guardianship Order is the child’s welfare, both in the present and the future.

Who can Apply for Special Guardianship Orders?

To apply for a Special Guardianship Order (SGO), the applicant must be aged 18 or over and should not be the parent of the child in question. The court will consider the applicant’s connection with the child, their ability to meet the child’s needs, and the child’s wishes and feelings. Additionally, the applicant’s ability to safeguard the child from harm and provide a stable and loving home is vital in the assessment process conducted by the local authority.

The Application Process for a Special Guardianship Order

The application process for Special Guardianship Orders involves several steps. Firstly, the prospective special guardian must notify the local authority of their intention to apply. This should be done at least three months before submitting the application to the court.

The local authority then carries out an assessment, examining the suitability of the applicant and the proposed arrangements for the child. The court will consider this report when deciding whether to grant the Special Guardianship Order.

Parental Responsibility and Special Guardianship Orders

Parental responsibility refers to the legal rights, duties, powers, responsibilities and authority a parent has for a child. When a Special Guardianship Order is granted, the special guardian also acquires parental responsibility. However, unlike adoption, an SGO does not extinguish the parental responsibility of the birth parents.

The special guardian’s parental responsibility is ‘paramount’. This means they can make nearly all the decisions about the child’s upbringing without needing to consult the birth parents. However, certain decisions, such as changing the child’s surname or relocating abroad, still require the consent of all those with parental responsibility or the court’s permission.

The Rights of Birth Parents Post Special Guardianship Order

After a Special Guardianship Order is granted, the birth parents retain their parental responsibility. However, their ability to exercise this responsibility is limited. They cannot make decisions about the child’s upbringing without the agreement of the special guardian.

The birth parents have the right to apply to the court to vary or discharge the Special Guardianship Order. However, they need the court’s permission to do this. The court will only grant permission if there has been a significant change in circumstances since the Special Guardianship Order was made.

The birth parents also have the right to maintain contact with the child. The specifics of this contact are usually outlined in the Special Guardianship Order, taking into account the child’s best interests.

The Role of Special Guardianship Order Solicitors in the UK

Tyrer Roxburgh’s Special Guardianship Order solicitors play an important role in the Special Guardianship Order process. They provide legal advice and representation to those seeking to become special guardians. Their expertise is invaluable when it comes to explaining the complex legal procedures involved in obtaining a Special Guardianship Order.

Our special guardianship solicitors can help potential guardians understand their rights and responsibilities under a Special Guardianship Order. They can also assist in preparing the application and representing the applicant in court proceedings. Their role is to ensure that the applicant’s case is presented effectively and that their interests are protected.

We can then provide ongoing legal support after a Special Guardianship Order is granted. This includes advising on any issues that may arise, such as breaches of a special guardianship order, disputes about contact arrangements or challenges to the Special Guardianship Order.

Support and Financial Implications for Special Guardians

Becoming a special guardian can have significant financial implications. It’s important to understand these before applying for a Special Guardianship Order. Special guardians may be eligible for financial support from the local authority, depending on the child’s needs and the guardian’s circumstances.

This support can include a special guardianship allowance, which is a regular payment to help cover the costs of caring for the child. The amount is usually determined based on the child’s age and needs. It’s important to note that this allowance is means-tested and not all special guardians will qualify.

In addition to financial support, special guardians can also access other forms of support. This can include advice and guidance, training, counselling, and therapeutic services. The aim is to help special guardians meet the child’s needs and cope with the challenges of their role.

You may want to read: The Advantages and Disadvantages of a Special Guardianship Order.

Alternatives to Special Guardianship

Special Guardianship Orders are not the only legal option for securing a child’s future. There are other alternatives that may be more suitable depending on the circumstances. It’s important to consider all options before making a decision.

One alternative is a Child Arrangements Order. This order determines where a child will live and who they will have contact with. It can be a flexible solution, allowing for changes as the child grows and their needs evolve.

Another alternative is adoption. This is a more permanent solution, as it legally severs the ties between the child and their birth parents. It gives the adoptive parents full parental responsibility for the child.

Child Arrangements Orders and Adoption

Child Arrangements Orders and adoption each have their own set of advantages and disadvantagesSpecial Guardianship Order. The choice between them and an SGO will depend on the specific circumstances of the case.

It’s important to seek legal advice when considering these options. A knowledgeable solicitor can provide guidance based on the unique needs and goals of the individuals involved.

The Impact of SGOs on the Child’s Welfare

The welfare of the child is the paramount consideration in any Special Guardianship Order. The court will always prioritise the child’s best interests. This includes their physical, emotional, and educational needs.

A Special Guardianship Order can provide stability and security for a child. It allows them to maintain a connection with their birth family while also benefiting from a stable home environment. This can be particularly beneficial for older children who may have established relationships and attachments.

However, it’s important to note that a Special Guardianship Order can also have emotional and psychological impacts on a child. These should be carefully considered and addressed.

Considering the Child’s Wishes and Feelings

The court will also take into account the child’s wishes and feelings when making an SGO. This is particularly the case for older children who are capable of expressing their views.

However, the weight given to the child’s views will depend on their age and understanding. The court will always prioritise the child’s welfare over their expressed wishes if they believe it to be in their best interest.

Special Guardianship Orders and the Importance of Legal Advice

Taking on the responsibility of a child under a Special Guardianship Orders can be challenging. It’s important to seek professional legal advice to understand your rights and responsibilities.

Our Special Guardianship Order solicitors, can provide tailored solutions, ensuring the best possible outcome for both the child and the potential guardian.

Frequently Asked Questions

What is a special guardianship order?

A special guardianship order is a court order that places a child in the care of someone who is not their parent. The person appointed by the court is known as the special guardian. A special guardianship order is often used where a child cannot live with their birth parents, but adoption is not considered the right option. It gives the child a secure long-term home while allowing them to keep their legal connection with their birth family.

What rights do I have with a special guardianship order?

A special guardianship order gives the special guardian parental responsibility for the child. This means they can make most day-to-day decisions about the child’s care, education, health and upbringing. Birth parents usually keep parental responsibility, but the special guardian has stronger decision-making authority in most practical matters. Some important decisions still need the consent of everyone with parental responsibility or permission from the court, such as changing the child’s surname or taking the child abroad for more than three months.

What is the difference between a special guardianship order and adoption?

The main difference is that adoption permanently ends the legal relationship between a child and their birth parents, whereas a special guardianship order does not. Under a special guardianship order the birth parents keep their parental responsibility, even though the special guardian has stronger day-to-day decision-making authority, and the child keeps their legal ties to their birth family. Adoption gives the adoptive parents full and exclusive parental responsibility and is permanent, while a special guardianship order is intended to provide long-term stability without severing those birth family links, and can in some circumstances be varied or discharged by the court.

How do I apply for a special guardianship order?

You usually need to give the local authority written notice at least three months before applying for a special guardianship order. The local authority will then assess your suitability and prepare a report for the court. The court application is usually made using Form C1, supported by Form C13A and a mediation form where required. The court will consider the child’s welfare, your relationship with the child, your ability to meet the child’s needs, and whether a special guardianship order is in the child’s best interests.