When might a Special Guardianship Order be needed?

A Special Guardianship Order (SGO) is a legal arrangement in the United Kingdom that provides a child with a permanent home while maintaining their connection to their birth family. This order is particularly useful in situations where adoption is not suitable, but the child stills a stable environment.

1. Extended family care

   When parents are unable to care for their child due to various reasons such as illness, addiction, or incarceration, extended family members like grandparents, aunts, or uncles may step in. An SGO can formalise this arrangement, giving the special guardian preferential legal parental responsibility while allowing the child to maintain a relationship with their birth parents.

2. Foster Care Transition

   Children in long-term foster care who have formed a strong bond with their foster carers may also benefit from an SGO. This order provides a more permanent solution than foster care, offering stability and security while still allowing the child to have contact with their birth family.

3. Parental Consent

   In some cases, birth parents may recognise that they are unable to provide the necessary care for their child and may consent to an SGO. This allows the child to be cared for by someone they know and trust, without severing ties with their birth family.

4. Sibling Care

   Older siblings who are capable and willing to take on the responsibility of caring for their younger brothers or sisters may apply for an SGO. This ensures that the children can stay together and be cared for by a family member who understands their needs and history.

5. Cultural or Religious Considerations

   In situations where cultural or religious beliefs make adoption inappropriate, an SGO can provide a suitable alternative. This allows the child to be raised in an environment that respects their cultural or religious background while ensuring their safety and well-being.

6. Avoiding Adoption

   For some children, adoption may not be the best option due to their age, emotional needs, or desire to maintain a connection with their birth family. An SGO offers a middle ground, providing the child with a permanent home without the finality of adoption.

7. Costs

   It is often possible to request that the Local Authority pay your legal costs in an application for an SGO. We can liaise with the social work team for you to see if some or all of your costs can be covered by them.

8. Support from the local authority

   Local authorities are required to provide a range of support services to special guardians to ensure the welfare of the child. These services can be both financial and non-financial and are tailored to meet the specific needs of the child and the special guardian.

   Financial Support

   1. Special Guardianship Allowance: This is a regular financial payment to help cover the costs of caring for the child. The amount is means-tested and varies depending on the local authority and the specific needs of the child.
   2. One-off Payments: These can be provided for specific needs, such as purchasing essential items for the child or making necessary home adaptations.
   3. Legal Costs: In some cases, the local authority may cover the legal costs associated with obtaining the SGO.

   Non-Financial Support

   1. Counselling and Therapeutic Services: Special guardians and the children in their care may have access to counselling and therapeutic services to help them cope with any emotional or psychological issues.
   2. Training and Support Groups: Local authorities often provide training sessions and support groups for special guardians to help them develop the skills needed to care for the child effectively.
   3. Respite Care: This service offers temporary care for the child, giving the special guardian a break and ensuring that the child continues to receive high-quality care.
   4. Educational Support: Assistance with educational needs, including special educational needs (SEN) support, can be provided to ensure the child receives the appropriate education.
   5. Health Services: Access to health services, including medical and dental care, is often facilitated by the local authority to ensure the child’s well-being.

   How to Access Support

   To access support from a local authority, special guardians should follow these steps:

   1. Assessment: The local authority will conduct an assessment to determine the specific needs of the child and the special guardian. This assessment will form the basis for the support plan.
   2. Support Plan: Based on the assessment, the local authority will develop a support plan outlining the types of support that will be provided. This plan should be reviewed regularly to ensure it continues to meet the needs of the child and the special guardian.
   3. Application: Special guardians may need to apply for certain types of support, such as financial allowances. The local authority will provide guidance on the application process.
   4. Review and Monitoring: The local authority will regularly review the support plan and monitor the child’s progress to ensure that the support provided is effective and meets the child’s needs.

If you require advice or assistance in relation to a Special Guardianship Order, please contact us here to book a consultation with one of our specialist Solicitors, on 01509 232611.