Q&As

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

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Published on LexisPSL on 19/10/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • 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 1989), the making of a care order does not discharge a special guardianship order. Instead ChA 1989, s 14D sets out the circumstances in which an application may be made to discharge a special guardianship order, and by whom, rather than the special guardianship order being automatically discharged. The potential applicants are listed at ChA 1989, s 14D(1), including ‘a local authority designated in a care order with respect to the child’ (ChA 1989, s 14D(1)(f)). In addition, ChA 1989, s 14D(2) provides that:

‘In any family proceedings in which a question arises with respect to the welfare of a child with respect t

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