Introduction
A Special Guardian is an individual(s) that the Court decides will care for a child permanently through the entirety of the childhood until the age of 18 years old. This is to provide a child with long term stability and make decisions on the child’s day to day life on their care, and still hold a connection to their birth families. It is a private law order made under the Children Act 1989, which the applicants are able to seek if they are eligible for Legal Aid to assist within the Court Process.
This is an alternative approach to adoption.
Benefits of Special Guardianship Order
Those that hold Special Guardianship’s will provide certainty to a child in relation to their home and whom they live with. It also enables the child to remain in close relations with their family. This allows individuals such as family members, friends of the family or even long-term foster carers that have a significant impact on the child’s life to provide them with a permanent home without legally and permanently changing the relationships that they hold with their parents.
In most instances, the child will have lived with the individuals for a long period of time before the Special Guardianship Order is granted.
A main benefit of a Special Guardianship is that the parents will still have a role in the child’s life, which the parents will be able to support their child in their new living arrangements with the change of circumstances.
How are Special Guardianship Order’s different?
With a Special Guardianship Order, the parental responsibility of the child is shared with parents. However, the special guardians are able to make all decisions regarding the child without the parent’s approval or consent.
In situations of adoption, the family relationships are changed permanently, and the adoptee is legally seen as the child’s parent, meaning that all paternal responsibility is given to the adoptive parents as if they were the birth parents.
Who can apply for a Special Guardianship?
- If the child is in the care of the Local Authority, anyone who has the Local Authority’s consent.
- A Local Authority foster carer when the child has lived with them for at least a year immediately before making an application. It is possible to apply whether they have the support of the Local Authority or not.
- Anyone who has a Child Arrangements Order or Residence Order for the child or has the consent of all those who have either of these orders.
- Anyone that the child has lived with for three out of the last five years. However, the child must not have stopped living with them for more than three months before the application is made.
- Anyone who has the consent of all those with parental responsibility for the child.
- Any guardian of the child (guardian appointed after the death of one of the child’s parents).
Those that wish to apply for a Special Guardianship Order must be over the age of 18. You are able to make the application jointly with another person, or on your own.
Local Authority’s Assessment
After a carer has given three months’ notice and applied to the Court, either by help of a solicitor or through self-representation, the Local Authority and Social Worker will prepare a report that will provide information on the following:-
- Depending on the age of the child, their wishes and feelings.
- The birth family and their views.
- A carer’s suitability for the role.
- Contact plans/arrangements.
- A criminal record check.
- Health reports on the special guardian and the child/children.
- Confirmation of the support to be offered by the appointed Local Authority.
Following from this assessment, if this is found to be positive, a Court Hearing will be listed. The Court will consider the report and a decision will be made by the Judge. It is also possible for any contact orders to be considered at the same time.
The Court is also able to grant whether or not a child’s surname can be changed or to give permission for the child to be taken out of the country for more then three months. This is ultimately up to the Court’s discretion as to whether this will be permitted.