Special Guardianship Orders | Kew Law

Special Guardianship Orders

In some circumstances, it is no longer appropriate for a child to live with their birth parents. In such circumstances an adult can make an application to the Court to become a Special Guardian of the child. The primary concern of the Court is to act with the child’s best interests in mind.

What is a Special Guardian?

A Special Guardian is an adult who becomes legally responsible for a child until they reach the age of 18. As the primary caregiver of the child, the Special Guardian acquires parental responsibility alongside the child’s birth parents. This gives the Special Guardian the right to make day-to-day decisions in the child’s best interests such as their schooling and medical treatment. However, the Special Guardian will need to gain the consent of anyone else with parental responsibility to make other decisions such as changing the child’s surname, taking the child out of the jurisdiction for over three months, placing the child up for adoption or consenting to any cosmetic surgery.

Who can apply?

To apply for a Special Guardianship Order you must be over the age of 18. The application can be made as a sole or joint application where the parties are already the child’s legal guardian, the child has lived with the parties for three years within the last five years, unless the parties are relatives of the child and have lived with the child for at least one year or the child lives with the parties due to a Child Arrangements Order. An application can be made directly where all those with parental responsibility consent to the application or where the child is in care, the local authority agree to the order being applied for.

If none of the specified reasons apply, the parties can make an application to the court to make an application for a Special Guardianship Order.

How do I apply?

If you feel that a Special Guardianship Order is needed to act in the best interests of the child concerned, you must first give three months’ notice to the local authority to which the child resides in. It is the Local Authority’s role to determine the suitability of the Special Guardian and to investigate and report to the Court on their verdict. You must then submit the necessary forms to the Court and anyone with Parental Responsibility. The Court will then determine how to proceed with the application, they will also consider whether any other orders relating to the child need adapting, removing or creating to ensure their welfare.

Frequently Asked Questions

What is the difference between a Special Guardianship Order and adoption?

A Special Guardianship Order gives the Special Guardian parental responsibility for a child while preserving the child’s legal relationship with their birth parents. Adoption permanently transfers parental responsibility to the adoptive parents and legally severs most ties with the birth family.

Does a Special Guardian have full parental responsibility?

A Special Guardian shares parental responsibility with the child’s birth parents but can usually make most day-to-day decisions without their consent. However, certain significant decisions may still require the agreement of others with parental responsibility or the permission of the court.

How long does a Special Guardianship Order last?

A Special Guardianship Order generally remains in place until the child reaches the age of 18, unless it is varied or discharged by the court.

Can grandparents apply for a Special Guardianship Order?

Yes. Grandparents are among the relatives who commonly apply for Special Guardianship Orders when they are caring for a child and wish to secure their long-term care arrangements.

Do I need the parents’ consent to apply for a Special Guardianship Order?

Not always. In some circumstances, an application can proceed without parental consent, although the court will consider the views of everyone with parental responsibility before making a decision.

Examples

Example A: Grandparents stepping in

When a child’s parents are unable to care for them, the child’s grandparents take over their day-to-day care. To provide stability and enable them to make important decisions about education and healthcare, they apply for a Special Guardianship Order.

Example B: Parents unable to meet a child’s complex needs

A child with additional care needs has been living with relatives who are better able to provide the necessary support and stability. An SGO can help ensure those relatives have the authority needed to oversee the child’s healthcare, education and welfare.

How can we assist you?

At Kew Law LLP, we understand how difficult it is to go through emotive proceedings such as these, where you previously did not envision being in this position. Therefore, should you need some assistance with making an application for a Special Guardianship Order or want to discuss if an order is the right thing to do in your circumstances, please do not hesitate to contact our Family Team on 0800 987 8156.

For more information about Special Guardianship Orders, why not check out our other blog: Discharging or Varying a Special Guardianship Order