A Special Guardianship Order (otherwise known as an SGO) is a Court order designed to provide children with a secure, long term home when they cannot live with their parents without completely severing legal ties in the way that adoption does.
What is an SGO?
An SGO appoints one or more individuals as a child’s special guardian. Such an order not only gives the special guardian parental responsibility for the child but it also allows them to exercise parental responsibility to the exclusion of any other person with parental responsibility, except for another special guardian. In this way an SGO can grant the carer of a child “a super parental responsibility”.
Unlike adoption, the child’s legal relationship with their birth parent remains and parental responsibility is not extinguished although it is limited.
When might an SGO be appropriate?
An SGO may be appropriate where:-
- A child cannot live safely with their parents
- Long term foster care is not ideal
- Adoption is not appropriate
- The child needs stability but can maintain a legal connection to their birth family
When considering whether to make an SGO the Court’s main concern is the child’s welfare.
Who can apply for an SGO?
You can apply if you are:-
- A foster carer with whom the child has lived for at least 1 year immediately before the application
- A relative with whom the child has lived for at least 1 year
- Anyone with whom the child has lived for at least 3 out of the last 5 years
- You have the agreement of all the people with parental responsibility for the child
- The child’s legal guardian
In some cases, permission of the Court is required before making an application.
The application process:-
- You must give the Local Authority 3 months’ written notice of your intention to apply
- The Local Authority will prepare a detailed special guardianship report covering suitability, the child’s background, support needs and contact arrangements.
- The Court will consider the welfare checklist as contained in the Children’s Act 1989; the Local Authority’s report; the child’s wishes and feelings depending on their age and understanding and any safeguarding concerns.
What rights does a Special Guardian have?
A Special Guardian has:-
- Enhanced parental responsibility
- Can make most day to day decisions without consulting the parents
- Can decide on schooling and medical treatment
- Can apply for passport
BUT
- They cannot change the child’s surname or remove the child from the UK for more than 3 months without the consent of everyone with parental responsibility or the Court’s permission.
Support for Special Guardians
Support may include financial assistance, which is means tested, therapeutic support services, contact support and training and advice. Such support depends on the need and the specific Local Authority policy.
Can an SGO be challenged or discharged?
An SGO can be varied or discharged but the threshold is high. Parents would have to demonstrate a significant change in circumstances. The Court will only discharge an SGO if it is in the child’s best interest to do so.
If you are considering applying for an SGO or have been notified of one, please do not hesitate to contact RJT Solicitors.
