If a child’s living arrangements with their parents isn’t suitable, as a guardian or family member, you might seek getting a Special Guardianship Order.
This is the most common reason for getting a Special Guardianship Order, but there are some others.
In this article, Family Trainee Katelyn Webster outlines what a Special Guardianship Order is, how it works and how to apply.
How does someone get parental responsibility?
Parental responsibility is the rights and responsibilities that an individual has over a child, allowing them to make decisions regarding the child’s health, education, living arrangements and more.
Biological mothers, by default, have parental responsibility, a father has responsibility if, and only if, they are married to the child’s mother or listed on the birth certificate.
Unmarried fathers who aren’t on the birth certificate, and other individuals such as stepparents, can gain parental responsibility through a Parental Responsibility Agreement, adoption or a Child Arrangements Order.
For people who aren’t included in that list, such as the child’s guardian, family member, such as aunt or grandparent, who has been living with the child for at least a year and anyone given permission by the birth parents, you may be able to gain responsibility through a Special Guardianship Order.
For further advice on parental responsibility and who has it, click here.
For advice on unmarried father rights, click here, or for grandparent rights, click here.
What is a Special Guardianship Order?
A Special Guardianship Order is a legally binding court order that gives a ‘Special Guardian’ parental responsibility over a child. This responsibility will last until the child turns 18.
An order of this sort is often used as an alternative to adoption or long-term foster care.
What rights does a Special Guardian have?
Again, a Special Guardianship Order provides parental responsibility; allowing you to:
- Consent to or obtain appropriate medical care for the child;
- Name the child;
- Ensure that the child receives the appropriate education for their age;
- Have a say in where the child should live;
- And more
A Special Guardian can make these decisions without needing the consent or any input from parents.
Why apply for a Special Guardianship Order?
A Special Guardianship Order allows a child to receive full-time care from someone outside of their birth family (i.e. by someone who isn’t their parents).
An order of this type may therefore be applied for to safeguard a child from parents who are negatively influencing them, in one way or another.
Unlike adoption, a Special Guardianship Order doesn’t completely sever the parents from their child. Instead, the child may still keep in touch with their parents despite living with the Special Guardian.
Who can apply for a Special Guardianship Order?
The following individuals can apply for a Special Guardianship Order:
- A legal guardian of the child
- Anyone given permission by parent/the court
- A family member who the child has lived with for at least one year
- e.g. grandparents, aunts, uncles etc.
- Step parents
Is a child arrangement order the same as a Special Guardianship Order? / What is the difference between Child Arrangement Order and SGO?
A Special Guardianship Order differs from a Child Arrangements Order as it is more of a permanent, long-term solution – providing placement for a child who can’t live with their birth parents, until they are 18 years of age.
On the other hand, a Child Arrangements Order (CAO) is more of a short-term option, often made to address immediate issues such as living and contact arrangements.
Furthermore, with a CAO, the parents keep their parental responsibility – unless the court says otherwise – whereas a Special Guardianship Order grants the Special Guardian parental responsibility. (It’s worth noting that birth parents do retain some rights)
If you think a Child Arrangements Order might be more suited to your situation, you can read our dedicated article about them here.
How do I apply for Special Guardianship UK?
Before applying for a Special Guardianship Order, you must notify your local council and anyone named in any existing court orders/proceedings relating to the child that you plan to apply. This must be done three months in advance.
In terms of applying, you’ll need to fill in some forms; including the application itself, a supporting statement and more, and send them to your local family court. A solicitor can assist with this.
The Court will then notify anyone it deems necessary, including anyone with parental responsibility, and may arrange a mediation meeting to see if an agreement can be reached initially, before a hearing is undertaken.
Then, if no agreement is reached, proceedings will take place where the court will assess any evidence you’ve provided, hear from any relevant parties and make a decision on whether the Special Guardianship Order should be granted.
How long does a Special Guardianship Order take?
The timescale for getting a Special Guardianship Order varies quite largely and depends on a few factors, including:
- How much evidence there is to review
- If any reports need to be carried out by third parties such as social workers
- If the local courts have a backlog of cases
- If any disputes arise between the parties involved, such as the child and the birth parents
Special Guardians are also assessed to make sure that they meet the needs of the child, and this process can take some time.
However, in rare occasions where Special Guardianship needs to be granted with urgency, cases may be handled more quickly.
Do I need a solicitor to apply for guardianship?
Although its not a mandatory requirement, having a solicitor on side can be crucial in ensuring a Special Guardianship Order is granted.
The application process can be complex, but a solicitor can help take some of the stress away by guiding you through the process, filling out any necessary paperwork and assisting you in understanding your responsibilities.
They can make sure that you are represented correctly in Court hearings, ensure that the application form is filled out correctly and confirm that any supporting evidence is valid.
Lastly, if any dispute is to arise, a solicitor can argue your side and advocate for your best interests.
Who is entitled to Special Guardianship allowance?
Every Special Guardian is allowed to apply for Special Guardianship allowance, a regular financial payment that is intended to go towards the costs of raising the child such as their accommodation, food and medical care.
Your local authority will assess the needs of the child when deciding on whether an allowance is required and how much is needed. The authority will also be responsible for paying this allowance.
How much do you get for Special Guardianship allowance?
The amount a Special Guardian is entitled to is determined, as mentioned, by your local authority. They will assess the child’s needs and base the amount of allowance on this.
If, as Special Guardian, you are financially stable and have ample finances to raise the child according to their needs, then you probably won’t need an allowance.
Bright and experienced Family Solicitors
At Frettens, our bright and experience Family Team are perfectly placed to assist you in getting a Special Guardianship Order.
We can guide you through the process from beginning to end, including application, court hearings and any disputes, to ensure the best outcome for you.
We offer a free initial chat for all new clients, so you can speak to us to iron out the details and discuss your circumstances before committing to anything.
You can call us on 01202 499255 or fill out the form at the top of this page to find out more.
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