Special Guardianship Order

Introduction

A Special Guardianship Order (SGO) secures a child’s long-term home with someone who is not their parent. It lasts until the child turns 18.

A special guardianship order gives the special guardian an enhanced form of parental responsibility. This means they have the authority to take all major decisions about the child’s upbringing and care. They can use their parental responsibility to the exclusion of others.

However, a special guardianship order does not remove parental responsibility from the child’s birth parents. The special guardian should consult the parent(s) in relation to important decisions about the child. But the special guardian does have the final say in relation to most decisions.

Notify KCC Children’s Services of an application for an SGO

No one can make an application for a Special Guardianship Order unless they have given notice to children’s services that they intend to apply. Contact children’s services on 03000 41 11 11.
This notice has to be given at least three months before the application is ‘issued’ by the court.
If the person wanting to apply for the special guardianship order does not have a right to
apply for the order, (see below) they must get permission from the court to apply before they give their notice of intention to apply to children’s services

When children’s services receive notice of someone’s intention to apply for an order, the social worker must start an assessment of the case. This assessment will look at their suitability to become a special guardian. The court cannot make a special guardianship order unless it has received this report from children’s services about whether the applicant would be a suitable special guardian.

People who may be apply for a special guardianship order without a court order

  • A relative who has lived with the child for at least the last year.
  • Anyone who has lived with the child for at least three of the last five years. This does not have to have been continuous.
  • Anyone who has a child arrangements order which says that the child lives with that person.
  • A foster carer who has lived with the child for at least the last year.
  • Anyone who has the consent of the parents.
  • If the child is in care, anyone who has the consent of KCC children’s services.

People who need a court order to apply for a special guardianship order

  • A grandparent, where the child has lived with them for less than one year.
  • An aunt, where children’s services do not consent to her making the application for a special guardianship order
  • A family friend, where the child has never lived with them, where the child’s parent does not agree that the child should live with them.

You’ll need to send the following forms to your local family court:

How to apply for a Special Guardianship Order

All parties should attend family mediation first, the mediator will help them to understand the process. The mediator does not make decisions but helps to clarify disagreements, explore practical solutions for the child’s best interests, and improve communication between parties

To make an application to the local family court. fill in these forms and send them to the court:

Make copies of the completed forms before sending the application to the court. All interested parties must receive a copy of the order from the applicant.

Within 10 days of receiving the application the court will send the applicant a case number and a date for a ‘first directions hearing’ to set out:

  • a timetable for the case
  • how it will be dealt with

The applicant must go to all hearings they’re told to attend. If the applicant is unable to attend they must contact the court office.

If there is a current care order about the child, the applicant should also send details of the hearing and copies of the application to:

The applicant must also tell the following people and organisations that they’ve applied:

  • the children’s services department at Kent County Council or the council local to where the child is staying, if that is different
  • everyone who cares for the child
  • the home where the child stays if it is a registered children’s home or a voluntary home and it is a refuge
  • everyone the child has lived with for at least 3 years before the application
  • anyone else named in a current court order
  • anyone involved in any other ongoing proceedings that might be affected by the application

The court will decide if a special guardianship order is in the best interests of the child after looking at all the evidence, and in some cases, hearing from witnesses.

If the court agrees, they will send the final order to the applicant and the other people involved in the case, including the birth parents.

Vary a Special Guardianship Order

A Special Guardianship Order can only be ended or varied with the Court’s permission, so this will likely involve a Court application setting out the basis upon which the change is being sought. This application can be made by the special guardians, the birth parents, the local authority, or even the child themselves if they are considered old enough to understand.

You should contact KCC Children’s Social Services before the application is made, as the Court may ask them to carry out further investigations in order to provide a report for use in the proceedings.

Once the reasons for the change have been considered, the applying party will need to complete a form(s) – (Form C1 (Application for an order) is the primary document. If the case is ongoing, a C2 form might be used to request changes in existing proceedings), and return this to the Family Court, you should also provide a detailed statement in support of the application.

Once this form(s) has been processed by the Court, they are likely to then list an attended hearing, to explore the matter further. This may be followed by subsequent hearings depending on the complexity of the case, the issues to determine, and the evidence required by the Court. The Special Guardianship Order will remain in effect until a decision is made by the Court, and a further order is made.

The Court’s priority and main consideration will be the needs and wellbeing of the child in question, and any order considered will need to be made with their best interests in mind. The Court may consider the child’s wishes and feelings if they are old enough, and any additional needs the child may have. The Court will need to consider the likely effect of the requested change or end of the Special Guardianship Order, to determine whether this would meet the child’s ongoing needs.

The discharge or variation of a Special Guardianship Order can be a complex area to navigate, and it is therefore essential that specialist legal advice is sought from the outset, to consider the merit of the application, and to ensure the application stands the best chance of success to meet the child’s needs.

Financial help for special guardians

A special guardian might be able to get Guardian’s Allowance. There may also be additional help available from from KCC children’s services