What is a Special Guardianship Order?

A Special Guardianship Order can be made when the Court determines that a child requires a long-term and stable placement which offers more permanence than a Child Arrangement Order. The need for a Special Guardianship Order can arise from the Court deciding that the parents are unable to care for a child safely due to factors such as, substance abuse, domestic violence, or significant mental health issues. A Special Guardianship Order allows Special Guardians to make decisions about a child’s upbringing and offers stability and security for the child.

A person named on a Special Guardianship Order will become the child’s Special Guardian on a long-term basis. A Special Guardian is given parental responsibility until the child reaches 18 years old. Special Guardians can be family members such as: grandparents, aunts, uncles, and siblings. This Order can also be granted to non-family members such as foster carers who have cared for the child during care proceedings or family friends who have been assessed to care for the child long term.

When are they made?

When the Court determines that a parent cannot safely care for a child and there are positive assessments of an alternative carer, then the Court may decide to grant a Special Guardianship Order. A Special Guardianship Order allows parents an opportunity to maintain a relationship with their child as they can maintain contact.

How will this affect parental responsibility?

Parents will still have parental responsibility for their child however a Special Guardian is given “enhanced parental responsibility” which means they can make ultimate decisions for a child if there are any disputes.

How are proposed Special Guardians assessed?

The Local Authority have a duty to explore any alternative carers who are able to offer a stable and safe home environment and can care for a child subject to Care Proceedings or in other circumstances when the Local Authority is involved with a family and the child is unable to be safely cared for by their parents. Once a family member’s contact details are put forward, the Local Authority will complete an Initial Viability Assessment. For further detail about an Initial Viability Assessment, please see our article here.

Once the outcome of the Initial Viability Assessment is assessed to be positive, then the Local Authority will complete a more in-depth assessment. This will assess whether a person in the family could care for the child on a long-term basis.

Can parents oppose a Special Guardianship Order?

If a Special Guardianship Order is proposed to be made at the conclusion of Care Proceedings, then parents can attend the final hearing to voice their concerns, oppose the Order and seek the return of their children. The Court will then assess the merits of the parents’ objections against the benefits of making a Special Guardianship Order. The focus of the Court is to assess which arrangement will be in the child’s best interest on a long-term basis. 

If the application for a Special Guardianship Order is made after the conclusion of Care Proceedings or when there have been no Care Proceedings parents can oppose the making of a Special Guardianship Order.  The parents will have an opportunity to provide evidence and arguments to demonstrate their capacity to provide a safe environment for their child. This can include any improvement to their personal circumstances, such as recovery from substance abuse, enhanced mental health or stable housing.

How can we Help?

We appreciate how distressing this situation can be and for this reason, our Care Team at Johnson Astills can offer advice, assistance, and representation at all stages of the Local Authority’s involvement including assistance in relation to Court Proceedings.

Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.