What is the role of a Special Guardian?
When a child cannot live with their birth parents, appointing a Special Guardian can give them a secure home with another appropriate person. This could be a grandparent, other relative or a foster carer.
A Special Guardian will have overriding parental responsibility for the child, but the birth parents will remain the child’s legal parents. It is frequently used where grandparents or other family members wish to take on an official caring role in a child’s life under the security of an Order. Depending on your financial circumstances, you may be assessed as eligible by the Local Authority to receive monthly financial assistance to help you care for the child.
At Preston Redman, we regularly advise grandparents, other relatives, family friends and parents about Special Guardianship Orders (SGO). While the legal process can seem daunting, the purpose of an SGO is actually straightforward: to give a child a permanent and secure home without the need for adoption.
When might a Special Guardianship Order be appropriate?
SGOs are often considered where a child has already been living with a relative or family friend for a period of time.
Many SGOs are made at the conclusion of care proceedings when the Court determines that living with a family member offers the child the best long-term outcome.
What does a Special Guardian do?
A Special Guardian takes on day-to-day responsibility for the child's care and upbringing. This includes decisions about:
- Education.
- Medical treatment.
- Where the child lives.
- Everyday welfare and wellbeing.
- General parenting decisions.
The aim is to provide the child with stability and consistency, allowing the Special Guardian to make decisions confidently and without the uncertainty that can sometimes arise in other care arrangements.
Do birth parents still have rights?
Yes. One of the key differences between Special Guardianship and adoption is that the child's legal relationship with their birth parents remains intact.
Birth parents usually retain parental responsibility. However, the Special Guardian is granted enhanced parental responsibility, meaning they can make most day-to-day and important decisions without seeking agreement from the parents.
In practical terms, this means the Special Guardian has the primary responsibility for raising the child while preserving the child's legal connection to their birth family.
Who can apply for a Special Guardianship Order?
A number of people may be eligible to apply for an SGO, including:
- Grandparents.
- Other relatives.
- Family friends.
- Existing carers.
- Certain individuals who have had a significant role in the child's life.
The rules surrounding eligibility can be complex, particularly where Court permission is required before an application can be made.
At Preston Redman, we can advise on whether you are eligible and what steps may be required before an application is issued.
What is the court's main concern?
As with all children's cases, the Court's primary consideration is the child's welfare. The Judge will carefully consider:
- The child's needs.
- The child's wishes and feelings where appropriate.
- The stability offered by the proposed placement.
- The relationship between the child and the proposed Special Guardian.
- The long-term arrangements for the child's future.
The Court must be satisfied that an SGO is in the child's best interests before making the Order.
Are Assessments Required?
Usually, yes. Before an SGO is made, the Court will normally require a detailed assessment of the proposed Special Guardian. The assessment may consider:
- The applicant's ability to care for the child.
- The child's needs.
- Family relationships.
- Accommodation arrangements.
- Financial circumstances.
- Support available to the household.
The purpose is to ensure that the proposed arrangement is safe, stable and sustainable over the long term.
Is financial support available?
In some circumstances, financial assistance and practical support may be available.
Local authorities may assess whether support services or financial assistance should be provided depending on the circumstances of the child and the Special Guardian.
The availability and level of support can vary, so obtaining legal advice about what may be available is often worthwhile.
Special Guardianship and Care Proceedings
Special Guardianship frequently arises during care proceedings involving Children's Services.
Where the Court concludes that a child cannot return to their parents, it will often consider whether a family member or connected person can provide long-term care. Assessments of potential Special Guardians regularly take place during care proceedings, allowing the Court to evaluate whether a family placement is in the child's best interests.
For many children, Special Guardianship provides a positive alternative to long-term foster care by allowing them to remain within their wider family network.
How Preston Redman Can Help
We understand that stepping forward to care for a child is a significant commitment. Our experienced family law team can guide you through every stage of the Special Guardianship process, from initial advice through to Court applications and final Orders.
Whether you are considering applying for an SGO, responding to a proposed arrangement, or involved in ongoing care proceedings, we will provide straightforward advice tailored to your circumstances.
Need advice about a Special Guardianship Order?
If you are caring for a child, considering becoming a Special Guardian, or want advice about Special Guardianship proceedings, call the helpful team at Preston Redman today on 01202 292 424. We can provide expert, supportive guidance to help you secure the stability and security that every child deserves.
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