Special guardianship

Practice notes

Support for special guardians

Support for special guardiansUnder the Children Act 1989 (ChA 1989), local authorities have an obligation to make arrangements for the provision of...

17th Jan

Practice notes

Special guardianship orders

Special guardianship ordersA special guardianship order (SGO) is an order appointing one or more individuals to be a child's special guardian. It has...

17th Jan

Practice notes

The court's powers when making a special guardianship order

Existing ordersMaking a special guardianship order (SGO) does not automatically discharge any existing orders made under section 8 of the Children Act...

17th Jan

Practice notes

The effects of special guardianship orders

Special guardianship ordersA special guardianship order (SGO) gives non-parents a more permanent legal status than they would have if they were named...

17th Jan

Practice notes

Procedure—special guardianship applications

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

17th Jan

Practice notes

Applicants for a special guardianship order

Circumstances in which a special guardianship order may be madeThe court may make a special guardianship order (SGO):•as the result of a free-standing...

17th Jan

Q&As

Can the court order a local authority to pay a special guardianship order allowance to former foster parents for more than two years?

The section 14A(11) of the Children Act 1989 provides that 'The court may not make a special guardianship order unless it has received a report…[from...

Produced in partnership with Tim Earl of Suffolk Legal 8th Jan

Q&As

A child’s mother has died and their adult sister is caring for them. The child's father is not named on the birth certificate and does not have parental responsibility. Would it be more appropriate to apply for guardianship or special guardianship, so that the sister may obtain parental responsibility? What are the advantages and disadvantages of each, and is there any real difference?

The court may appoint an individual to become a child’s guardian in one of three circumstances including if the child has no parent with parental...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Q&As

How can a sibling of a 16-year-old child, who is over the age of 21, acquire parental responsibility for that child in circumstances where the mother is terminally ill and the father has parental responsibility for the child but has no contact with the child? Is there any relevant case law in this regard?

Section 3 of the Children Act 1989 (ChA 1989) defines parental responsibility as being ‘all the rights, duties, powers, responsibilities and authority...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

A care order was made four years ago placing a child with family members. An application has now been made to discharge the care order and replace it with a special guardianship order. Medical evidence submitted in support of the application is several years old, and the prospective special guardians have stated that there has been no change since the reports were prepared. Do time limits apply regarding medical evidence or in relation to Disclosure and Barring Service checks?

The best way to approach this issue is to consider what information the court would need in order to be satisfied that:•the care order can and should...

Produced in partnership with Melissa Harrison of Coram Chambers 8th Jan

Q&As

A child is subject to an interim care order, and the local authority propose that the care proceedings be concluded, and a child arrangements order be made instead. In addition, the local authority says it will support the child’s grandmother as to an application for a special guardianship order in a few months’ time. What are the factors that should be considered as to the appropriate course of action, in particular as to support for the grandmother including financial support?

A special guardianship order is an order appointing one or more individuals to be a child’s ‘special guardian’ pursuant to section 14A of the Children...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

Practice notes

Issuing private children proceedings in the Family Court

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

1st Jan

In-house

Practice notes

Duration, variation and discharge of special guardianship orders

Duration of special guardianship ordersA special guardianship order (SGO) will continue until the child attains the age of 18 unless it is discharged...

28th Nov

Q&As

Can a special guardian change the surname of a child in their care if the child’s parents have parental responsibility?

The effect of a special guardianship order (SGO) is that, while the order remains in force, the special guardian appointed by the order has parental...

28th Nov

Q&As

Does the making of an interim care order automatically discharge a special guardianship order?

Whereas the making of a special guardianship order will automatically discharge a care order by virtue of section 91(5A) of the Children Act 1989 (ChA...

28th Nov

Q&As