The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
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 Act 1989 (ChA 1989). It enables a special guardian to exercise parental responsibility in respect of the child to the exclusion of others who also hold parental responsibility.
The court must ensure that the proposed special guardian is aged 18 or over and is not a parent of the child in question. The court may not make a special guardianship order unless it has received a report from the local authority dealing with the following issues:
the suitability of the applicant to be a special guardian
such matters (if any) as may be prescribed by the Secretary of State, and
any other matter which the local authority considers to be relevant
The matters for the local authority to consider in their report on receipt of notice of an application for a special guardianship order can be fou
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