Special Guardianship Orders
Special Guardianship Orders (SGO) can provide a stable, loving home for a child who cannot live with their birth parents. This comprehensive guide explains what an SGO is as well as its benefits and disadvantages. We also explain the support available for Special Guardians, and how potential guardians can navigate the legal process, with the help of one of our specialist solicitors.
Please contact our specialist children law team to book an appointment to discuss Special Guardianship Orders. Please call 01707 329333 or email law@crane-staples.co.uk. We look forward to hearing from you.
What is a Special Guardianship Order (SGO)?
A Special Guardianship Order (SGO) is an Order under Section 14 of the Children Act appointing one or more persons as legal guardian of a child. These tend to be family members or family friends caring for a child who is unable to live with their birth parents.
Over the last few years, the family court has made more special guardianship than placement orders. A placement order is a far more draconian order as it allows the local authority to place a child for adoption. Adoption severs all biological family ties for the child.
An SGO, instead, can provide a child with a long-term, and hopefully, forever-home, without ending all legal relations with parents/siblings etc.
Special Guardianship Orders and Parental Responsibility
An SGO provides the Special Guardians with Parental Responsibility. The birth parents do not lose theirs if they have it (the birth mother will have this automatically when a child is born, but the birth father may or may not have this).
However, the SGO will grant ‘overriding Parental Responsibility’ to the Special Guardians.
They will still need to discuss matters with the parents, but this means that the Special Guardians have the final decision where there is a conflict with the birth parents. For example, in situations regarding schooling or medical treatment.
Can a Special Guardianship Order be revoked?
An SGO is intended to last throughout the child’s minority. However, if a birth parent makes significant changes, and it is in the child’s best interests to change their living arrangements, the birth parent can ask the court’s permission to make an application to discharge the order.
What are the benefits of a Special Guardianship Order?
The major benefit of an SGO is that the link between the child and the birth parents is not severed. Although normally reduced, the child still has face to face contact with their birth family.
An SGO will allow a child to remain in their birth family or extended network, and normally this is with someone the child already knows and has a bond with (such as a grandparent, aunt, uncle, etc).
As an SGO is intended to last until a child reaches the age of 18 years, this also provides the child with certainty about where they will be living. This allows them to feel settled.
What are the disadvantages of a special guardianship order?
Once a final order is made, there will a limited time generally where the local authority remains involved. After this period, it is down to the family and the Special Guardians to make arrangements for matters like contact. This can be stressful if there has been conflict in the past. It might be that one or both parents need their contact supervised. Contact could be supervised either by the Special Guardians, another family member, or in a centre.
The Special Guardians are expected to put the child first, above the parents’ needs and wishes. This can create some upset at times, if boundaries are put in which the parents do not agree with.
What support services are available for a Special Guardian?
The Special Guardians will be assessed to see what support they require to ensure the placement is successful. This includes financial support, which is normally re-assessed yearly. The Special Guardians will be strongly encouraged to attend a one-day course. At this course, they will meet other Special Guardians and receive relevant guidance. There should also be an SGO support plan prepared with the assessment. This set outs what specific support the Local Authority will offer the child, the Special Guardians, and the family.
Do SGO carers get paid?
The prospective Special Guardians will have a financial assessment to see what financial support they are entitled to. This is normally re-assessed yearly, two-yearly, or (occasionally) three-yearly.
The local authority may agree a one-off payment, to support the child being placed in your care. This could be to help you buy things like a bed, wardrobe, clothes and other necessary items for the child.
It may also be that your local authority has a post-SGO team (likely in the adoption team). If the child's previous experience requires it, you can also request financial support for therapy from them.
The Special Guardians can also apply for child benefits for the child, and can claim child maintenance from the parents if this is appropriate.
How long does a Special Guardianship Order take?
As a general timescale, all public law proceedings should conclude within 26 weeks from the date they are issued. There can be extensions to proceedings if there are exceptional reasons.
Do I need a solicitor to apply for guardianship?
It is strongly advised that you instruct a solicitor to help you apply for guardianship. In some circumstances, it is not always necessary to have a solicitor. For example, if you are positively assessed to be a Special Guardian, then you are not likely to become a party to the court proceedings. However, these matters can be complicated. If any aspect of your assessment is negative and you need to challenge it, or another party (the local authority, Cafcass Guardian, or parent) contests the placement with you, then you are very likely to need specialist advice from a solicitor. It may be that you will need to apply for party status and become involved in the court proceedings. Please contact our family solicitors for legal assistance with SGOs.
What does the SGO formal practice guidance June 2020 recommend?
This guidance introduced in June 2020 makes a number of recommendations including:-
- The SGO report and support plan must comply with the SGO regulations (2005 and amended 2016). They must consider all of the points laid out in the law;
- Consideration should be given by local authorities to provide training to prospective SGs. Additionally, local authorities must take adequate steps to prepare the special guardian for caring for the child;
- Unless necessary, a supervision order should not need to be made alongside an SGO; and
- Before the making of an SGO, careful consideration needs to be given to contact between the child and birth parents.
Your expert Special Guardianship Order Solicitors
Crane & Staples' team of specialist children lawyers has experience in all aspects of Special Guardianship Orders. Whether you have questions, are undergoing an assessment, or need to challenge an assessment, we can provide expert legal advice and representation.
Please call us on 01707 329333 or email law@crane-staples.co.uk to arrange an appointment.