Special Guardianship Orders (SGOs) are made by the family court, placing a child in the long-term care of someone who is not their parent. SGO’s provide a vital legal framework, designed to offer children with stability and security when they cannot live with their legal parents. These orders are significant and complex, in this guide we will explore the key aspects of SGOs, explaining their purpose, the application process, and the rights and responsibilities they confer.
If you require specialist legal advice or assistance with a Special Guardianship Order or child arrangements generally, please get in touch to book a free initial consultation with one of our experienced family lawyers. You can do this by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
What is a Special Guardianship Order?
A Special Guardianship Order is a family court order made under the Children Act 1989. The order grants one or more individuals the status of ‘special guardian’ to a child, allowing them to care for and make decisions on behalf of the child.
Whilst a Special Guardianship Order does place a child in the care of someone other than their parent, Â it does not end the legal relationship between a child and their parents. Instead, it strikes a balance, enabling the child to retain the legal relationship with their parents whilst granting the special guardian(s) overriding parental responsibility. This means that while parents retain their parental responsibility, should any conflict arise, the special guardian has the authority to make the final decision about a child’s upbringing, including education, health, and welfare.
What is the purpose of a Special Guardianship Order?
The primary intention behind a Special Guardianship Order is to provide a child with stability, offering a less disruptive solution than adoption in certain circumstances. It is particularly beneficial in cases where children have strong emotional ties to their caregivers, such as relatives or foster parents who have been a significant part of the child’s life.
Special Guardianship Orders are often seen as a preferable in situations where a child requires long term stability, whilst maintaining a connection with their birth family. This can be seen in cases where a child is placed in the care of a close family member because their parent is unable to care for them.
When may a Special Guardianship Order arise?
A Special Guardianship Order may be considered in various circumstances where the court need to consider a child’s long term care outside of the family home, for example:
- Extended family care: Often, a Special Guardianship Orders will be used to provide stability to a child that has been living with extended family members and provide a more permanent home.
- Foster care transition: For children in long-term foster care, especially those who have established a lasting and significant bond with their foster parents, a Special Guardianship Order can formalise this relationship.
- Parental bereavement or incapacity: In cases where a child’s parents have passed away or are incapacitated due to severe health issues, relatives or close family friends might step in.
- Children at risk: Vulnerable children or children living in an unstable home environment may require the stability and permanence of a Special Guardianship Order.
- Cultural and emotional continuity: A Special Guardianship Order can be appropriate when a child’s cultural, ethnic, or religious background differs significantly from potential adoptive families but aligns with that of a special guardian.
- Adoption alternative: Some children may have complex emotional needs or attachments to their birth families that make adoption an unsuitable option. In such instances, a Special Guardianship Order may assist, providing stability, without severing the legal and emotional ties their birth family.
Who can apply for Special Guardianship Orders?
A special guardian must be over the age of 18 and must not be the child’s parents. Some individuals are automatically entitled to make an application for a Special Guardianship Order, this includes:
- A child’s relative or foster carer, where the child has lived with them for at least one year prior to the application.
- An individual the child has lived with for a period of three years.
- An individual that has the consent of all those with Parental Responsibility to make the application.
- Individuals named in a Child Arrangement Order as someone the child will live with.
Individuals that are not automatically entitled to make an application for a Special Guardianship Order will need permission from the court to apply. This may include individuals who are not biologically related but have a strong, meaningful connection to the child.
Applicants need to demonstrate a clear commitment to providing a permanent and loving home to the child, ensuring their needs and best interests are met throughout their upbringing.
Applications for a Special Guardianship Order
Making an application for Special Guardianship Orders requires preparation and forethought. Â This is a prescribed legal process involving several steps, it is important to ensure the application has been handled appropriately and the process is followed. To help you understand what to expect from this process, we have outlined a loose outline of the steps below:
Pre-application advice and counselling
Individuals are encouraged to seek legal advice before making an application for a Special Guardianship Order, potential applicants may also wish to consider counselling to ensure they feel prepared for the responsibility and commitment involved with becoming a special guardian entails.
Notifying the local authority
Before applying for Special Guardianship Orders, applicants must notify the local authority of their intended application in writing, at least three months before the application is filed with the court. This notification triggers the local authority’s duty to investigate and prepare a report regarding the proposed arrangement.
Local authority assessment
The local authority will undertake a comprehensive assessment, this assessment will consider the current and future needs of the child, the relationship between the applicant and the child and the applicants ability to care for the child.
Following their assessment, the Local Authority will prepare a report and submit this to the court. This is referred to as the Special Guardianship Report, the report provides recommendations to the court on the suitability of granting the Special Guardianship Order and recommend support that should be provided to the guardian and the child. The court is not able to make a Special Guardianship Order until they have received this report.
Court proceedings
During proceedings, the court will consider Special Guardianship Report and any other evidence, such as the representations made by the applicant or any other party, such as the child’s birth parents or a guardian appointed to represent the child’s best interests.
The decision
When considering whether to make Special Guardianship Orders, the welfare of the child is the court’s paramount consideration. The court will consider the Special Guardianship Report, the views of the child (subject to their age and understanding), and the applicant’s ability to meet the child’s needs. The court must decide whether making an Order is in the best  interests of the child, the court will consider a various factors, such as:
- The child’s wishes and feelings: Depending on the child’s age and understanding, their views are given considerable weight.
- The child’s emotional and physical needs: This includes the child’s current and future needs, with particular focus on their emotional stability and physical well-being.
- The likely effect on the child: Since stability is important for the child’s development, the court examines the potential impact of changing the child’s living arrangements.
- The child’s age, sex, background, and other relevant characteristics: These factors are useful in determining the suitability of the special guardianship arrangement.
- Any harm the child has suffered or is at risk of suffering: If the child has previously suffered harm or is at risk of harm, the court evaluates whether the special guardianship will safeguard them from future harm and how the guardians plan to address any past trauma.
- Capability to meet the child’s needs: The court compares the capabilities of the applicant with those of the child’s birth parents or other relatives.
- The relationships of the child: The quality and nature of existing relationships are assessed, including the emotional ties and the strength of attachment between the child and the prospective special guardian, as well as with their birth parents and any other significant individuals.
How long do Special Guardianship Orders last?
Special Guardianship Orders are designed to provide a stability and a permanent home for children who cannot live with their biological parents and therefore remain in place until a child reaches adulthood. In most cases, a Special Guardianship Order remains in force until the child reaches the age of 18.
There are specific circumstances in which a Special Guardianship Order may end before a child turns 18, such as:
- Discharge by the court: The order can be discharged (cancelled) by the court on application by the child, the special guardian, any parent, or any other person with parental responsibility. A court will only discharge a Special Guardianship Order if it is satisfied that this is in the child’s best interests, often due to significant changes in circumstances.
- Adoption: If the child is subsequently adopted, the Special Guardianship Order is automatically discharged. Adoption permanently changes the legal parent-child relationship, rendering the SGO unnecessary.
Can Special Guardianship Orders be changed or revoked?
Although Special Guardianship Orders are designed to provide stability, they may be varied or revoked if there a significant change in circumstances significantly and it’s in the child’s best interests to do so. This may involve the amendment of specific terms within the order to accommodate the evolving needs of the child or respond to any significant change in the guardian’s circumstances. For example, if the special guardian moves to a different location, a variation might be necessary to address schooling and access to health services.
A Special Guardianship Order can also be fully discharged, ending the legal relationship established by the order. Discharge is a serious step and will usually only be considered when there are compelling reasons to believe that it is in the child’s best interests to do so.
What rights and responsibilities does a Special Guardian have?
Special Guardianship Orders confer significant rights and responsibilities on the special guardian, so it helps to understand the scope and nature of these duties. Below is an overview of the main rights and responsibilities they have:
Parental responsibility
Special guardians hold an enhanced form of parental responsibility, which allows them to make nearly all the significant decisions about the child’s life without having to consult the birth parents. However, they cannot change the child’s surname or move them out of the country permanently without court permission or the written consent of all others with parental responsibility.
Day-to-day care
The special guardian is responsible for the day-to-day care of the child, ensuring that all their physical, emotional, educational, and social needs are met.
Financial responsibility
Special guardians are responsible for the financial support of the child. While they may be entitled to financial assistance from the local authority, it is assumed that they will use their resources to contribute to the child’s upbringing.
Contact with birth parents
Special guardians are usually responsible in managing the contact between the child and their birth parents and facilitating this if contact is considered to be in the child’s best interests. Special Guardians must promote and support the relationship between the child and their biological family, unless this results in concern for the welfare of the child.
Educational and healthcare decisions
Special guardians have the right to make decisions regarding the child’s education and health, including school placements, medical treatment and dental care.
Legal representation
Special guardians have the right to represent the child in legal proceedings.
Duty to inform
Special guardians must keep the local authority informed of any significant change in circumstances, such as a change of registered address.
Can birth parents still have contact with the child after a Special Guardianship Order is made?
When granting Special Guardianship Orders, the court can make provisions regarding contact between a child and their birth parents.. The court will consider a number of factors, such as  whether ongoing contact arrangements would benefit the child’s emotional and psychological well-being or whether this may cause the child emotional harm. Other factors considered include a child’s past experiences with their parents, the parents’ current circumstances and the impact of contact to the child.
Special Guardians will generally take responsibility in facilitating these contact arrangements in accordance with the court order, this may provide the special guardian is to supervise the contact sessions or assist with travel.
How Elite Law Solicitors can help
Elite Law Solicitors offer expert guidance and representation for those considering a Special Guardianship Order. From evaluating your case to handling the complex legal processes involved, our team ensures that your application is presented effectively to secure the best outcome for the child involved. If you would like to learn more about how our team at Elite Law Solicitors can help you navigate Special Guardianship Orders, please book a free initial appointment with one of our experienced family lawyers by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified family law solicitors such as those within our firm.
