Special Guardianship Orders (SGOs) have become an important topic in family law, highlighting their crucial role in protecting vulnerable children. These orders offer a unique legal option that allows relatives or trusted friends to step in as caregivers when birth parents are unable to fulfil their responsibilities.
SGOs provide a balance, offering children stability while preserving their connection to their birth families. In this article, Julie Keogh, Legal Executive in our Family Law team explores the details of SGOs. Whether experiencing complex family situations or seeking clarity on SGOs, this article provides comprehensive information to support families in need.
What is a Special Guardianship Order (SGO)?
A Special Guardianship Order (SGO) is a private law order established under the Children Act 1989, appointing one or more individuals as a child's Special Guardian. SGOs provide a legally secure placement for children who cannot live with their birth parents. This arrangement ensures stability while maintaining certain connections to their birth families.
How Does a Special Guardianship Order Differ from Other Orders?
An SGO is safer than a Child Arrangement Order*, as it prevents a birth parent from ending it without court permission. However, it is not as permanent as an Adoption Order* since it does not end the legal ties between the child and their birth parents.
The introduction of SGOs under the Adoption and Children Act 2022 reflects the need for flexible solutions for children requiring a stable and nurturing environment.
Who Can Apply for a Special Guardianship Order?
You must be at least 18 years old to apply for an SGO. You can apply individually or jointly with another person, but you cannot be the child's parent.
Eligible applicants include:
- Guardian of the child.
- Holders of a Child Arrangement Order or a Residence Order* for the child.
- Anyone with whom the child has resided for at least three out of the past five years.
- Anyone with the local authority's consent if the child is in care.
- A local authority foster parent with whom the child has lived with for at least one year preceding the application.
- Relatives or individuals who have lived with the child for at least one year immediately before the application.
- Anyone with the consent of those who hold parental responsibility for the child.
- Anyone who has court permission to apply for an SGO.
Who Cannot Apply for a Special Guardianship Order?
A child's parent may not serve as the child's Special Guardian. The court will assess whether an SGO is the most appropriate arrangement in the child's best interests. The court may also decide whether to issue a Child Arrangement Order as part of the process. This order defines how much time the child spends with each parent. The court may also change or discharge any existing Section 8 Orders*.
Before granting an SGO, the court must review a comprehensive report from the Local Authority to assess the applicant's suitability as a Special Guardian. The court will also evaluate other relevant aspects outlined in the Children Act 1989, section 14A (8) and (9).
What is the Effect of a Special Guardianship Order?
An SGO grants parental responsibility to the Special Guardian, enabling them to make daily decisions about the child's care. It also:
- Discharges any existing Care Orders* or related section 34 Contact Orders*.
- Allows the Special Guardian to take the child out of the UK for up to three months without additional consent.
- Provides the court's discretion to permit a change in the child's surname or authorise travel beyond three months.
- The child stays legally connected to their birth parents. This helps provide stability while keeping family ties when needed.
Support Available for Special Guardians
Local Authorities are mandated to offer support services to Special Guardians, which may include:
- Financial help: support for costs related to care. This includes travel, therapy, entertainment, and mediation to solve contact issues. Financial support is subject to a means assessment, which will be regularly reviewed.
- Counselling and advice: Professional guidance and information to help guardians navigate their responsibilities.
- Contact arrangements: assistance in managing relationships between the child, birth parents and relatives.
- Respite care: temporary care support to provide guardians with a break.
- Therapeutic services: Specialised support tailored to the child’s emotional and psychological needs.
- Support groups: opportunities for Special Guardians to share experiences and advice.
Additional Considerations for Special Guardianship Orders
- Birth parents' rights: while birth parents retain certain rights, their decision-making powers are significantly limited under an SGO.
- Grandparents' role: grandparents often serve as Special Guardians, providing stability and family-based care for children in need.
- Parental Responsibility: SGOs clarify the extent of a Special Guardian's authority in making key decisions for the child.
- Educational guardianship: Special Guardians may also take on roles related to the child’s schooling and overall development.
- Legal guidance: understanding the legal processes, responsibilities, and court proceedings is vital for successful SGO applications.
How We Can Help
Our Family Law team, recognised by The Legal 500, is dedicated to providing legal advice tailored to your unique needs. Whether you are exploring the possibility of an SGO or requiring guidance on child arrangements, we are here to help.
For professional advice on Special Guardianship Orders or any other family law matters, please contact Julie Keogh on 01258 483605, or by email julie.keogh@blanchardsbailey.co.uk
You can also visit our Child Arrangements and Special Guardianship webpage for details.
*Remarks:
- A Child Arrangement Order determines where the child lives when the child spends time with each parent and the timing and nature of any other types of contact.
- An Adoption Order grants full parental responsibility for a child to the approved adopters following their application to the court. This order legally ends the relationship between the birth parent and the child, establishing the adoptive parent(s) as the child's legal parent(s) for life.
- A Residence Order is a court decision that establishes who a child will live with and how much time they will spend with others. It is commonly issued for children following a divorce, separation, or within stepfamilies.
- A Section 8 Order, issued under the Children Act 1989, is a court order that manages arrangements for a child. These orders are often used to settle disputes between parents or to grant grandparents access to their grandchildren.
- A Care Order is issued by a court, granting a council the authority to take a child into care. Under the Children Act 1989, a council can request a care order if it believes a child is experiencing or is at risk of experiencing significant harm.
- A Section 34 Contact Order, issued under Section 34 of the Children Act 1989, specifies who can have contact with a child in local authority care. The order outlines the details of the contact, including who may see the child, when, where, and under what conditions. This ensures that relevant individuals, such as parents or guardians, have reasonable access to the child, even if they lack full parental responsibility.
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