The family justice system in England & Wales provides a range of legal options to ensure children’s welfare is safeguarded when they cannot live with their birth parents. One such option is a Special Guardianship Order (SGO). While fostering and adoption are more commonly understood, SGOs offer a middle ground for children who require stable, long-term care without fully severing ties with their biological families.
Special Guardianship is a legal framework that grants a child a permanent home while allowing some degree of connection with their birth family. It is an arrangement frequently used by extended family members or close family friends who take on the responsibility of raising a child. This article explores what SGOs are, who can apply, the rights and responsibilities they entail, how they differ from other arrangements, and key considerations for prospective special guardians.
What Is a Special Guardianship Order?
A Special Guardianship Order is a private law order made by the family court under the Children Act 1989. It appoints an individual or individuals as a child’s “special guardian,” giving them parental responsibility that is greater than that of anyone else with parental responsibility, except another special guardian. A key feature of an SGO is that it provides long-term security for the child while maintaining their legal ties to their birth parents.
SGOs are particularly suited for cases where adoption may not be appropriate but where the child requires a legally recognised placement that provides stability and permanence. This could arise in situations where a child is already settled with grandparents, aunts, uncles, or foster carers who wish to assume a greater role in their upbringing without completely removing the involvement of birth parents.
Although an SGO does not extinguish the birth parents’ legal relationship with the child, it significantly limits their ability to make decisions about the child’s upbringing. The special guardian has overriding parental responsibility, although local authorities and birth parents may still be involved depending on the child’s needs and circumstances.
Who Can Apply for a Special Guardianship Order?
SGOs are designed for individuals who have a close connection with the child but do not necessarily wish to pursue adoption. Under Schedule 1 of the Children Act 1989, the following individuals or groups may apply:
– Any guardian of the child
– A person with whom the child has lived for at least one of the last three years
– A local authority foster carer who has cared for the child continuously for at least one year (with local authority approval)
– A relative with whom the child has lived for at least one year immediately preceding the application
– Anyone with the consent of those holding a Child Arrangements Order determining the child’s residence
– Any individual who has the court’s permission to make an application
In addition to these eligibility requirements, applicants must inform the local authority at least three months before submitting their application to ensure a comprehensive report is prepared for the court. This allows a rigorous assessment of whether the individual can meet the child’s needs.
What Rights and Responsibilities Does a Special Guardian Have?
A special guardian gains parental responsibility for the child, which is superior to that of the birth parents. This means they have the authority to make significant decisions regarding the child’s health, education, and welfare without requiring parental consent. While birth parents retain some legal rights, their ability to exercise them is restricted.
Specifically, special guardians have the ability to:
– Make day-to-day decisions about the child’s upbringing, including education and healthcare
– Relocate the child within the UK without requiring the consent of the birth parents (although moving abroad for more than three months still requires court permission)
– Apply for a change of surname for the child, although the court or parental consent is required
– Consent to medical treatment for the child
However, special guardianship does not grant the same absolute authority as adoption. The birth parents may still have limited contact, and specific decisions, such as placing the child for adoption, require the court’s approval.
How Does Special Guardianship Differ from Adoption and Other Orders?
When deciding upon the appropriate legal framework for a child’s care, it is important to distinguish SGOs from Child Arrangements Orders and Adoption Orders. Each offers different levels of permanence and parental authority.
Special Guardianship vs. Adoption
Adoption permanently severs a child’s legal ties to their birth parents, transferring full parental responsibility to the adoptive parents. In contrast, SGOs allow children to maintain a legal connection with their birth families while still providing a secure placement. This is particularly useful in cases where severing all ties would not be in the child’s best interests, such as in kinship care situations where relatives wish to maintain a sense of familial continuity.
Special Guardianship vs. Child Arrangements Orders
A Child Arrangements Order (previously residence and contact orders) determines where a child should live and who they should have contact with, but it does not confer enhanced parental responsibility in the same way an SGO does. Under a Child Arrangements Order, both parents retain equal parental responsibility, while an SGO gives the special guardian a higher level of authority over decisions about the child.
While Child Arrangements Orders typically involve regular court reviews and adjustments, a Special Guardianship Order is intended to provide longer-term stability with less ongoing court oversight.
The Court Process for Obtaining a Special Guardianship Order
To apply for an SGO, prospective special guardians must first notify the local authority, which then prepares a comprehensive Special Guardianship Report for the family court. This report assesses:
– The child’s history and current welfare needs
– The suitability of the prospective guardian, including background checks and references
– The likely impact of the proposed arrangement on the child
– The child’s views, depending on their age and understanding
– Contact arrangements with the birth family
– Support services required by the special guardian
Once the case is heard in court, a judge will consider whether granting an SGO is in the child’s best interests. The child’s welfare is always the paramount consideration, and the court will carefully weigh any objections from birth parents.
Support for Special Guardians
Recognising that taking on the role of a special guardian can be both rewarding and challenging, local authorities are required to provide a range of support services to assist guardians and the children in their care. These support services may include:
– Financial allowances for those who meet eligibility criteria
– Access to therapeutic services for the child
– Training and workshops for special guardians
– Support groups or counselling for both children and carers
– Assistance with contact arrangements between the child and their birth parents
Each local authority is responsible for providing this support based on an assessment of the special guardian’s needs. However, funding and availability may vary between different regions. Prospective special guardians should inquire about what support is available before making a formal application.
Challenges and Considerations for Special Guardians
While an SGO offers many benefits, it also presents challenges that prospective applicants should carefully consider. Common difficulties include:
– Complex relationships with birth parents, particularly if the arrangement was court-ordered following care proceedings
– Financial pressures, particularly for relatives who may not have planned for raising a child
– Managing the child’s emotional needs, especially if they have experienced trauma or instability
– Balancing ongoing contact with birth family members to ensure it remains in the child’s best interests
Given these challenges, it is essential that individuals considering special guardianship seek legal advice and emotional support to ensure they are prepared for the long-term commitment.
Conclusion
Special Guardianship Orders provide an important legal framework to offer children stability while maintaining links with their birth parents. They offer a viable alternative to adoption and foster care, particularly for relatives and close family friends who wish to provide long-term care in a legally secure way.
Applying for an SGO requires careful consideration, legal guidance, and local authority involvement to ensure it is in the child’s best interests. Special guardians take on significant responsibilities, and while support is available, the role comes with unique challenges that must be navigated with sensitivity and patience.
For those considering applying for an SGO, seeking advice from family law specialists and local support services can be invaluable in ensuring the child receives the care, security, and love they need to thrive.