What Is a Special Guardianship Order
A special guardianship order (SGO) is a court order that appoints one or more individuals as special guardian of a child. A special guardian acquires parental responsibility for the child and can exercise that responsibility to the exclusion of anyone else with parental responsibility -- including the birth parents -- except in specific circumstances.
An SGO is designed to provide a permanent home for a child outside the care system while maintaining the legal link with the birth family. It is most commonly made in favour of grandparents, other relatives, or long-term foster carers.
How an SGO Differs from an Adoption Order
Adoption permanently transfers legal parenthood and severs the legal relationship with the birth parents. An SGO does not. The birth parents remain the legal parents but their exercise of parental responsibility is curtailed. The child retains their original name unless the court approves a change.
An SGO is appropriate where permanence is needed but a complete legal break from the birth family is not in the child's interests -- for example, where the child is older and has an established relationship with their birth parents.
Who Can Apply
An individual can apply for an SGO if they have the leave of the court, or without leave if they fall into certain categories: a guardian of the child, a person with a child arrangements order for residence, a local authority foster carer with whom the child has lived for at least one year, or a person with whom the child has lived for at least three years.
Notice must be given to the local authority at least three months before the application is made. The local authority is then required to investigate and produce a report for the court.
The Court's Assessment
The court applies the welfare checklist under section 1 of the Children Act 1989 when considering an SGO application. The child's welfare is the paramount consideration. The court will consider the arrangements for the child and contact with the birth parents.
The court will also consider whether an SGO is preferable to a child arrangements order, a placement order, or no order at all. An SGO is a significant order with long-term implications and the court approaches it carefully.
Support and Allowances
Local authorities have a discretion to provide support to special guardians, including financial support in some cases. The SGO support plan should be discussed with the local authority before the order is made.
Financial support is means-tested and is not automatic. The level of support available varies between local authorities. If you are a prospective special guardian, get clarity on the support available before the order is finalised.