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?

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 to whom a special guardianship order is in force, the court may also vary or discharge the special guardianship order if it considers that the order should be varied or discharged, even though no

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