Special Guardianship Orders (SGO)
There are some occasions when it is necessary for a person, other than a parent, to obtain parental responsibility for a child in their care. In these circumstances, anyone over 18 may apply to the Court for a Special Guardianship Order for a child they are looking after. Such an order not only gives the special guardian parental responsibility for the child, 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 ‘super parental responsibility.’
An SGO is a private law order which is made where a child cannot return to a parent but does not need to be kept in care or be adopted.
An SGO may be appropriate where:-
- A suitable wider family member has been assessed as able to provide long term care for the child
- A child is too old for adoption
- Adoption is not culturally acceptable to the child’s family or the child is settled in a long term foster placement and no longer needs social work involvement.
An SGO can be challenged with the Court’s permission. The order does not exclude the natural parents from the child’s life but enables the special guardian to control their involvement and to provide care, permanence, and stability for the child.
An SGO lasts until a child reaches the age of 18 unless discharged by the Court.
Who can apply to be Special Guardian?
Any person who is aged over 18 and is not the parent of the child who is the subject of the application can apply for an SGO. More than one person can be appointed as the child’s Special Guardian.
Is the Court’s permission required for an application to become a Special Guardian?
The following people may apply for an SGO without leave (permission of the Court)
- Any guardian of the child
- An individual in whose favour a live with order is in force in respect of the child
- Any person with whom the child has lived for a period of at least 3 years – this need not be continuous but must not have begun more than 5 years before or ended more than 3 months before the application is made
- Where a residence order or a live with order is in force any person who has the consent of every person in whose favour the order was made
- Where the child is in the care of the Local Authority any person who has the consent of that Authority
- Any person who has the consent of each of those people who have parental responsibility
- A Local Authority foster parent with whom the child has lived for a period of at least 1 year immediately preceding the application
- A relative with whom the child has lived for at least 1 year immediately preceding the application
Other people require permission from the Court to make an application
If the applicant is a child, the Court may only grant the application if satisfied that the child has the appropriate understanding to make the application.
How to apply for an SGO
The prospective Special Guardian must give the relevant Local Authority 3 months notice of their intention to apply for an SGO.
The relevant Local Authority will be either the Local Authority where the child lives or the Local Authority that placed the child if the child is a ‘looked after child.’
A person who requires the Court’s permission to make an application for an SGO must have the Court’s permission before they can give their notice of intention to apply to the Local Authority.
An application for an SGO involves forms C1, C13A, FM1 and preferably a statement in support of the application.
The Local Authority must then investigate and prepare a report about the suitability of the prospective Special Guardian to care. Following a positive initial family and friends care assessment, the Local Authority should work with the family and relevant professionals to produce an assessment plan.
As part of the background information the Local Authority will look at the criminal record, if any, of the potential Special Guardian.
The Local Authority assessment should take about 12 weeks to complete. In more complex cases the Court should allow more time.
If the Local Authority believes it has gathered enough information to reach the conclusion that the prospective Special Guardian is unsuitable before the assessment is completed the Local Authority must write a report detailing their reasoning and send a copy of the report to the prospective Special Guardian and also inform the Court.
The Court can make an SGO of its own motion in any family proceedings where the welfare of the child is being considered. The Court must consider the welfare checklist before making an SGO as set out in Section 1 (3) of the Children’s Act 1989 to include the wishes and feelings of the child considered in the light of their age and understanding, the child’s physical emotional educational needs, the likely effect on the child of any change in their circumstances, the child’s age sex background and any characteristics which the Court consider relevant, any harm the child has suffered or is at risk of suffering, how capable each parent and any other person relating to the Court considers the question to be relevant is meeting the child’s needs and the range of powers available to the Court.
With every Special Guardianship report required, the Local Authority will also be assessing the Special Guardian and the child’s need for support and services. These support plans, especially the financial support, usually become the focus point of a case. The Court cannot make an SGO without approving a support plan.
Existing Section 8 orders are not automatically discharged by an SGO and must be considered before making the order.
Making an SGO has the effect of discharging a pre-existing care order.
Under the Adoption and Children Act 2002 financial support and other services may be available for the Special Guardian. However, if a child is not or was not looked after by a Local Authority then there is no automatic entitlement to an assessment for Special Guardianship support services. It is possible to request an assessment for support in this situation.
If you require advice or assistance in relation to a Special Guardianship order or alternative Child Arrangements Orders please do not hesitate to contact RJT Solicitors for a free no obligation 30 minute consultation.
