If a child needs to be cared for by someone other than their parents but adoption is not the right option, the courts can make a special guardianship order. This appoints someone with whom the child lives to be their special guardian.
We look at what a special guardianship order is and when it might be needed.
What is a Special Guardianship Order and What Powers Does it Grant?
The Adoption and Children Act 2002 created special guardianship to give individuals caring for children for the long term a range of rights and responsibilities. A special guardian is generally a close family member but could also be a family friend or former foster carer who has taken on a permanent role in the child’s life.
A special guardian will have the following rights and obligations in respect of the child:
- Having the child live with them and providing care for them
- Parental responsibility, which includes making decisions relating to:
- Where the child is educated
- Choosing what religion the child will follow, if any
- Taking the child on holiday
- Deciding what healthcare the child will receive
- Representing the child in legal proceedings
The child’s parents will still have parental responsibility, but a special guardian will not need to consult them over day-to-day matters. However, the parents and others with parental responsibility will have to be consulted over more major decisions, such as a change of name, where they will go to school and non-routine healthcare.
Apply for a Special Guardianship Order
You may be able to apply for a special guardianship order if you are aged 18 or over, you are not the child’s parent and one of the following applies:
- The child has lived with you for three out of the previous five years and has not ceased living with you for more than three months before you apply
- The child is a relative and has lived with you for at least one year before you apply
- You are the child’s guardian
- You have the permission of anyone named who has care of the child under a child arrangements order
- You have a child arrangements order or a residence order
- The child is in the care of the local authority and they consent to your application
- You are the child’s foster carer and the child has lived with you for at least one year directly before you apply
- The court has given you permission to apply
The first step in applying for a special guardianship order is to advise the children’s services department of the relevant local authority that you would like to become the child’s special guardian.
An assessment will be carried out to establish whether your situation is suitable. You can apply to the court for a special guardianship order three months after notifying the local authority that you intend to do so.
Within ten days of receiving your application, the court will send you the date of a first directions hearing at which it will set out how your case will be dealt with and a timetable. You must notify everyone who has parental responsibility of the time and place of the hearing and provide them with a copy of your application. If the child has a court-appointed guardian, they must also be notified.
Other individuals and organisations who need to be told are:
- The local authority children’s services department or local authority where the child is currently staying
- Everyone involved in the child’s care
- The home where the child is living, if this is a registered home or voluntary home and refuge
- Anyone the child has lived with for at least three years before the date of the application
- Anyone named in a current court order relating to the child
- Anyone involved in other ongoing legal proceedings that might be affected
More than one person can apply to be a special guardian.
Local Authority Assessment Reports
The local authority is required to provide the court with a special guardianship report. It will generally ask the child’s social worker to complete some of this, with other teams and independent social workers dealing with some aspects.
It will involve spending time with those applying for the order to assess their suitability and their ability to provide the care that the child needs, and you can expect between five and eight visits from the assessing social worker to enable them to cover everything.
The report will generally cover the following:
- Information about the child
- Information about the child’s birth parents
- The child’s wishes and feelings, in the light of their age and understanding of the situation
- Information about those wishing to become special guardians
- Recommendations, including with respect to contact
A report and plan of support will be provided to the court.
Contact Our Family Law Solicitors
If you would like to apply for a special guardianship order, our experienced family solicitors will be happy to provide advice and representation.
To speak to one of our expert family solicitors, ring us on 0330 173 3980, email us at info@witansolicitors.co.uk or fill in our contact form and we will talk through your situation with you and discuss how we can help.
FAQ
What is a special guardian?
A special guardian is someone who takes on the role of a child’s carer, having the child live with them permanently and providing them with day-to-day care. They will have parental responsibility and be able to make a wide range of decisions for the child.
How long does a guardianship order last?
A special guardianship order will usually last until a child is 18.
How long does it take to get a special guardianship order?
Local authorities generally aim to provide their assessment to the court within three months; however, there are often backlogs, both with the local authorities and with the family courts.
Is there financial support for special guardians?
The local authority should provide a range of support for special guardians. This can include advice and information, help with making contact arrangements, counselling and financial support.
Your financial situation will be assessed and you may receive a means-tested allowance. This should be at least the amount of the government’s minimum fostering allowance.
Can a special guardianship order be revoked?
If there is a significant change in circumstances, the court can be asked to vary a special guardianship order or, in some cases, discharge it.
In deciding whether to vary or revoke a special guardianship order, the courts will always look at what they believe to be in the best interests of the child.
If a parent wants to establish a bigger presence in a child’s life, they can also consider applying for a child arrangements order, which will set out the time they can spend with the child.
