Special Guardianship Order
Special Guardianship Order
A Special Guardianship Order (SGO) is a court order that grants an individual or individual “special guardian” status, giving them enhanced parental responsibility for a child. This is typically used when a child’s birth parents can no longer care for them and a family member or friend is willing to provide long-term care. Unlike other orders, an SGO is intended to be permanent, and the special guardian will have legal responsibility for the child until they turn 18.
Who Can Apply for a Special Guardianship Order?
Various people can apply for a Special Guardianship Order, including:
- Guardians of the child.
- Individuals named in a Child Arrangements Order as the person with whom the child lives.
- People who have lived with the child for at least three of the last five years.
- Foster parents who have cared for the child for at least one year.
Applicants must give a three-month written notice to the local authority, which will then prepare a report to help the court decide whether granting the order is in the child’s best interest.
Who is Eligible to be a Special Guardian?
To be a special guardian, an individual must be over 18. You do not have to be a relative, though it’s often someone close to the child, such as a family member or a close family friend.
What Does the Court Consider When Deciding on a Special Guardianship Order?
The court’s primary concern is the child’s welfare and what is in their best interests. It considers factors such as:
- The child’s wishes and feelings.
- The child’s physical, emotional, and educational needs.
- The impact of any changes in the child’s circumstances.
- Any harm the child has suffered or is at risk of suffering.
- The ability of the applicant to meet the child’s needs.
The court will also assess how the application might affect the child’s life and whether it would cause harm.
Effects of a Special Guardianship Order
If granted, the special guardian gains parental responsibility, which includes the authority to make key decisions about the child’s upbringing. This can include decisions about education, healthcare, and where the child lives. The special guardian may even take the child abroad for up to three months without needing permission from other individuals with parental responsibility.
However, certain decisions—such as changing the child’s name or adoption—still require consent from all those with parental responsibility. A Special Guardianship Order does not sever the child’s legal relationship with their birth parents, unlike adoption, and the child may still maintain contact with their biological parents.
What Happens If Parents and the Special Guardian Disagree?
After a Special Guardianship Order is made, the special guardian shares parental responsibility with the child’s parents. While the guardian can make most decisions about the child’s welfare, essential issues may require consulting the parents, if possible. However, the special guardian can make final decisions on most matters, even when the parents disagree.
Alternatives to Special Guardianship
- Adoption: Similar to a Special Guardianship Order, adoption provides a permanent home for the child. However, adoption completely removes the birth parents’ rights, severing the child’s connection to their biological family.
- Child Arrangements Order: This order decides where the child will live and grants parental responsibility to the individual with whom the child lives, equal to that of the birth parents.
- Long-Term Fostering: Unlike special guardianship, foster parents do not gain parental responsibility and have no legal authority to make significant decisions about the child’s future.
If you are considering applying for a Special Guardianship Order or want more advice, Kayson Solicitors, family law specialists, are here to help. Contact us to arrange a consultation with one of our expert lawyers.