If a child or young adult under the age of 18, cannot live with their birth parents, and/or adoption is not the right option as it may sever important family links, then there is a way to ensure that they have access to a long-term, safe, secure, stable and appropriate home.
A Special Guardianship Order (SGO) can place a child with someone other than their parents/step-parents. An SGO is a private law order made under the Children Act 1989 to place children with a family relative, often a grandparent but it could also be a sibling, aunt or uncle, foster carer, or family friend who agrees to function as their special guardian.
Lengthy process
Applications for a Special Guardianship Order can be made by an individual or jointly by two or more people who are aged 18 or over. It’s worth noting that joint applicants do not need to be married or in a civil partnership with each other. The process to be a special guardian usually takes several months and includes an assessment by the local authority who compile a comprehensive report to the Court on a person’s suitability and details of their support plan. The local authority also takes into consideration the child’s needs and wishes, and the views of other people involved in the child’s life.
Once the assessment is completed and if they have been successful, the person who wishes to become a special guardian must make a formal application to the Court. Biological parents remain financially responsible in law for their child even when a Special Guardianship Order has been issued, so in most cases they will be under an obligation to pay maintenance for the child’s upbringing. But special guardians are also entitled to practical and financial help and support, depending on their personal circumstances, until the child is 18.
Important life decisions
Lisa Blizzard, Head of Children & Families Public Law Department at Alsters Kelley Solicitors said, ‘As the child’s primary carer, a special guardian is responsible for all aspects of their wellbeing, including providing a home, as well as ongoing care and protection. They are also able to make decisions relating to the child and their day-to-day life without consulting the birth parents. This includes where the child will live, their education, healthcare and other important life options.’
Lisa continues, ‘Becoming a special guardian is not a decision to be taken lightly. It’s worth pointing out that special guardians share parental responsibility with the child’s birth parents and parents can still spend time with the child if they wish and it is seen as being in the child’s best interests.’
Lisa continues. ‘From 1 May, there have been changes to family legal aid, which means that people seeking and responding to SGOs will be eligible for legal aid in private family law proceedings. Occasionally these cases are complicated, emotionally charged and challenging for families who want to see the best outcome for vulnerable children. This change will hopefully mean that advice, representation and support is available to those who need it most.’
Contact us for support and advice
If you want to apply for a Special Guardianship Order then please contact Lisa Blizzard, Head of Children & Families Public Law Department by calling 01926 356000 or emailing lisa.blizzard@alsterskelley.com who can advise, help and support you through the process.
And thanks to our network of offices covering Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam we are very accessible, too.
Please call 02477 710 233 to speak to our Children & Families Public law team or to make an appointment at any one of our six offices.
Lisa Blizzard
Lisa is an Associate Solicitor, and Head of Department for our Children & Families Public Law team. She represents children and parents going through legal matters with the Local Authority.
01926 356000
lisa.blizzard@alsterskelley.com