Special Guardianship Order

What is a Special Guardian?

A special guardian is a person who is legally responsible for a child’s long-term care and upbringing that is not the child’s or children’s birth parents. Whilst in the special guardian’s care, the birth parents can maintain contact with their child at the guardian’s discretion. However, full parental responsibility is given to the special guardian, and they will be responsible for making day-to-day decisions for the child, along with more important decisions regarding their education and healthcare. If there is conflict between the parents and the special guardian, the guardian’s decision will take precedence.

What is a Special Guardianship Order?

This is an order that the court can make to place a child permanently with someone who is not their parent. A Special Guardianship order is an  order made by the family court under the Children Act 1989, for a child to live with a special guardian until they are 18 and it confers the status of special guardian for the child on the carer or carers; this gives parental responsibility to the special guardian which is stronger than the parental responsibility held by the child’s parent or parents Unlike adoption, it is not a lifelong order, and it does not legally end the child’s relationship with their birth parents.

Special guardianship orders provide stability for a child or young person who cannot be cared for by their parents.

Special guardianship orders will often be made at the end of care proceedings as an alternative to the child being placed into local authority care or adopted outside of the family.

Who Can Apply for a Special Guardianship Order?

Only certain people can apply for a special guardianship order. Special guardians must be over the age of 18 and must not be a parent of the child. Often, they are family members, family friends or the child’s foster carers.

You have the right to apply to the family court for a special guardian order if:

• You already have a child arrangements order for the child.
• You are the child’s grandparent, aunt, uncle, brother or sister or stepparent, and the child has lived with you for at least 1 year.
• You are the child’s foster parent and has lived with you for at least one year before the application.
• You are a guardian of the child who was appointed by the parent or special guardian to look after the child following their death.
• The child is in the care of children’s services, and they consent to you making an application.
• A person who has the consent of those who have current parental responsibility.
• An individual with whom the child has lived with for three of the last five years.

If you’re not covered by any of the above, you can still make an application to the court for permission to apply.

Notice of the application must be given to the local authority, who will prepare a report for the court to assess the suitability of the potential special guardian. This report will include details about the suitability of the proposed special guardian, the child’s wishes, and the benefits of special guardianship. Our special guardianship solicitors can help you through the application process.

How to Apply for a Special Guardianship Order?

There are 2 routes to becoming a special guardian, private law, and public law. If children’s services are involved in your arrangement, then it is more likely that you will go through public law proceedings.

You will need to undergo an assessment process with the local authority’s children’s services department to determine if a special guardianship order is in the child’s best interests. They will investigate and prepare a report for the court.

Our special guardianship solicitors will support and guide you through the application process and help take on some of the emotional strain from the situation.

If you are on a low income or receive government benefits, you may be able to apply to the family court to get help with paying court fees through Legal Aid.

Grandparents Rights

If you are concerned about how your grandchild or a child related to you will be cared for and looked after, our special guardianship solicitors can help you. We can help if:

• You wish to be assessed to care for that child.
• You are caring for a child and are not the biological parent.
• You have previously cared for that child.
• The local authority has completed a viability assessment of you/your family.
• You wish to have contact with the child.

Although a non-parent is not automatically entitled to Legal Aid, you may still be eligible.

Contact us or call us on 0114 2496693 to book your appointment today or to discuss if legal aid is an option for you.