The intention of a Special Guardianship Order is to meet the needs of those children who cannot live with their birth parents and for whom adoption is not appropriate.
A Special Guardianship Order is an Order made by the Court that places a child or a young person to live with someone permanently. It gives legal status to non parents who are or wish to care for a child or young person in a long term secure placement.
A Special Guardianship Order grants an individual (or more than one person) certain rights in relation to children named in the order. Those rights include:
1. Parental Responsibility;
2. The right to take the children abroad for a period of less than 3 months;
3. The right to make decisions which affect the child to the exclusion of any other person who holds Parental Responsibility for the child (unless the law specifically states that the consent of each party with Parental Responsibility is required);
4. The right to nominate another person as a guardian for the children in a will.
Applications for a Special Guardianship Order can be made by an individual or jointly by two or more people. Joint applicants do not have to be married. Special Guardians must be aged 18 or over. The parents of a child may not become that child’s special guardian.
The Court can make a Special Guardianship Order when an application is made by: –
• any guardian of the child
• a local authority foster carer with whom the child has lived for one year immediately preceding the application
• anyone who holds a residence order with respect to the child, or who has the consent of all those in whose favour a residence order is in force
• anyone with whom the child has lived for three out of the last five years
• any person who has the consent of the local authority
• anyone who has the consent of all those with parental responsibility for the child, where the child is in the care of a local authority
• any person, including the child, who has the leave of the court to apply
The Court can also make a Special Guardianship Order in any family proceedings if it considers that such an order should be made. This applies even where no application has been made.
Any person who wishes to apply for a Special Guardianship Order must give three months’ written notice to the Local Authority of their intention to apply. The only exception to this is where a person has the permission of the Court to make a competing application for a Special Guardianship Order where an application for an adoption order has already been made. This is in order to prevent delay.
Following receipt of the three months notice, the Local Authority will investigate the Applicant’s suitability to act as a Special Guardian and prepare a report for the Court.
Amongst other things the Local Authority will report on:
• the child’s circumstances
• the relationship they have with other members of their family;
• arrangements for contact with the other members of the family;
• the child’s wishes (if the child is old enough to understand);
• the parents´ wishes;
• the prospective Special Guardian’s parenting ability and their reasons for applying
When considering whether to make a Special Guardianship Order, the welfare of the child is the Court’s paramount consideration.
If you have any questions about Special Guardianship Orders then you should contact our friendly and experienced family team on 02920 470909.