Special guardianship

Special guardianship

A special guardianship order (SGO) is a private law order made under section 14A(1) of the Children Act 1989 (ChA 1989) that appoints one or more individuals to be a child's special guardian. An SGO confers parental responsibility on the special guardian.

SGO's have been described as a 'half-way house' between residence orders (now a child arrangements order regulating a child's living arrangements), and adoption orders.

An SGO is an alternative to adoption in cases where adoption may not be the best solution for a child who cannot live with their birth parents such as older children in long-term care who might wish to retain some legal ties with their birth families and who don't want to be adopted.

A parent cannot be a special guardian.

The effects of a special guardianship order

A special guardian acquires parental responsibility for the child. Subject to any other order in force relating to the child under ChA 1989 and subject to certain exceptions that are prescribed in ChA 1989 parental responsibility can be exercised by a special guardian to

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Cafcass guidance on conflicting assessments in public law cases

The Children and Family Court Advisory and Support Service (Cafcass) has published new guidance for local authorities and Cafcass for cases where the views of the children’s guardian (and therefore their independent advice to the court) and the assessment of a local authority social worker and/or the independent reviewing officer fundamentally differ on the final care plan or interim arrangements for a child. The guidance applies to all children in care and supervision order applications under section 31 of the Children Act 1989 and deprivation of liberty applications. The guidance sets out the process that should be followed at any point during proceedings where a divergence arises and should be completed before final recommendations are submitted to court. The guidance requires that a pre-final hearing meeting be convened to identify and document the points of difference for the court. It includes suggestions for structuring the pre-final hearing meeting, a template agenda and a template for sharing the agreed rationale with the court. The guidance is not intended to be used to agree a joint position, rather to make sure that recommendations to court include a clear explanation about why the children’s guardian, the local authority social worker and/or the independent reviewing officer have reached fundamentally different positions. The explanation must set out what the points of difference are so that the judge in the case can better understand these. It remains for the court to decide what is safe and in the best interests of the child.

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