A Special Guardianship Order (SGO) provides a more secure placement for a child than can be achieved by the alternative Residence Order and is used where adoption is not appropriate.
Typically it is used to meet the needs of:
· An older child.
· A child cared for within the wider birth family.
· A long term placement which needs greater security than a Residence Order provides and which provides extra Local Authority help.
· Cases where adoption is unacceptable.
Persons who may apply:
· A Guardian of the child.
· A person with a Residence Order in their favour.
· A Local Authority foster parent with whom the child has lived for at least one year immediately preceding the application.
· Anyone with whom the child has lived for three of the last five years.
· Anyone else with the consent of a person with a Residence Order.
· Or, in the case of a Looked-After Child the Local Authority, or persons with Parental Responsibility.
· Any person not listed above who obtains leave of the court.
Procedure
Notice of at least three months of the application must be given to the relevant Local Authority (there is an exception to this).
The Local Authority uses the three month period to write a report on the appropriateness of the Special Guardianship Order.
Application is then made to the court.
Considerations at final hearing – the court must consider the matters set out at Section 1 of the Children Act 1989 which are in summary:
1. That the child’s welfare shall be the court’s paramount consideration.
2. That the court must consider:
a) The ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
b) His or her physical, emotional and educational needs;
c) The likely effect on him or her of any change in his circumstances;
d) His or her age, sex, background and any characteristics of his which the court considers relevant;
e) Any harm which he or she has suffered or is at risk of suffering;
f) How capable each of his or her parents and any other person in relation to whom the court considers the question to be relevant is of meeting his or her needs;
g) The range of powers available to the court under this Act in the proceedings in question.
3. The court may also consider by what surname the child should be known.
4. The court must consider what if anything should happen to any existing Orders and what arrangements for contact have been made.
5. If appropriate, a Contact Order.
Effect of Special Guardianship Orders
The Special Guardian acquires parental responsibility and can exercise it to the exclusion of anyone else except another Special Guardian.
The Special Guardian can remove the child from the jurisdiction for up to three months without the consent of any other holder of parental responsibility or an Order of the court.
The parents retain parental responsibility. As a matter of law the child is still the child of the parents.
A Special Guardianship Order can be varied or discharged although there is a high threshold for variation or discharge as the Orders are intended to provide long term security.
Support services must be provided (by Social Services). The services which must be made available include counselling, training, respite care and mediation. The services must be provided to Special Guardians, children and birth families. In certain circumstances the Local Authority must also provide financial support to meet specific needs:
Where the Local Authority considers such support necessary to ensure a Special Guardian can look after the child.
Where the child needs special care because of his own special needs or past experiences.
For legal costs in connection with the Special Guardianship application or other related applications.
Where the Local Authority consider that a contribution to the costs of accommodating and maintaining the child is appropriate.
Prepared by Mary McEvoy, Neves Solicitors
Dated: 14/4/2009
