When a child cannot safely remain in the care of their parents, the Court will need to consider what arrangement best meets their needs. In some cases, a Special Guardianship Order (SGO) may allow a child to live permanently with a relative or another person they already know, while maintaining their legal relationship with their birth family.
What is a Special Guardianship Order?
An SGO is an Order made under the Children Act 1989 which appoints one or more people as a child’s Special Guardian. A Special Guardian has parental responsibility for the child and importantly can exercise their parental responsibility to the exclusion of others with parental responsibility, such as the children’s parents, when making decisions about the child’s upbringing. This can include day to day decisions about where the child should live and who the child should see. An SGO, however, does not remove a parent’s parental responsibility and does not legally sever the relationship between the child and their birth family. A Special Guardian should still seek to consult with others who hold parental responsibility when making important decisions for the child such as medical decisions.
Who Can Become a Special Guardian?
Special Guardians are often grandparents, aunts, uncles, adult siblings or other relatives, although they do not have to be related to the child. A Special Guardian must be over the age of 18. During Care Proceedings, family members who may be able to care for the child should usually be identified and assessed as early as possible.
What Does a Special Guardianship Assessment Involve?
Before an SGO is made, the proposed Special Guardian will normally undergo a detailed assessment. This will consider their relationship with the child, parenting ability, home circumstances, health, family relationships and ability to meet the child’s needs throughout their childhood. The assessment will also consider their understanding of the reasons why the child cannot live with their parents and whether they can protect the child from any unidentified risks. This can sometimes involve difficult discussions about whether a family member would be able to maintain appropriate boundaries with the children’s parents.
Is the SGO the Same as Adoption?
No. Adoption permanently changes the child’s legal relationship with their birth parents and transfers parental responsibility to the adopters. An SGO provides the Special Guardian with enhanced parental responsibility, but the child’s parents remain their legal parents. For some children, particularly those who have an established relationship with a relative or family friend, Special Guardianship Orders can provide long term stability whilst preserving important family relationships.
What Support is Available to Special Guardians?
Local Authorities have duties in relation to support services for Special Guardians. The support required will depend upon the circumstances of the child and proposed Special Guardian. It may include advice and guidance, therapeutic support, assistance in contact arrangements, and in some circumstances, financial support.
When a Special Guardianship Order is being considered within Care Proceedings, it is important that the proposed Special Guardian understands what support will be available before a Final Order is made. A Special Guardianship Support Plan should therefore be produced, and this will form an important part of the Court’s consideration.
What Happens in Care Proceedings if an SGO is made?
If the Court decides that an SGO is the right outcome, the child will usually live with the same Special Guardian on a long-term basis, and the Local Authority will no longer share parental responsibility under a Care Order. The Court must consider the individual child’s welfare and the realistic options available before making its final decision.
If you have questions about a Special Guardianship Order, please get in touch with Johnson Astills to see how we can assist. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Care Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or fill in our enquiry form.
