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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High Court judgment demonstrates usefulness of section 423 of the Insolvency Act 1986 in Schedule 1 claims (Re P (A Child) (Financial Provision))

Family analysis: In this Schedule 1 case the mother received, for her son’s benefit: a housing fund of nearly £1m (the property to be held on trust); child maintenance (including ‘HECSA’/carer’s allowance) until completion of his first degree; and lump sums in respect of his capital needs and her own substantial liabilities (chiefly relating to her unpaid legal fees). The father (whose resources could be measured in the ‘tens of millions of pounds’) had sought to prejudice the mother’s claims via transferring his valuable shares to family members, who then transferred the same into a trust structure (settled under Czech law). A further onwards transfer was then made of the trust’s assets into a Liechtenstein foundation. Inferences were drawn by the court in respect of the level of the father’s wealth, and specifically as to the value of the transferred shares. Detailed findings were made against him in respect of the identified transactions, which had been the focus of the mother’s section 423 application. Although a section 423(2) order was not actually made, the application was adjourned pending the father’s compliance with the award, with security in the sum of £600,000 also ordered, alongside a continuation of the freezing orders made earlier in the proceedings. David Wilkinson, solicitor at Slater Heelis, considers the issues.

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