Understanding Special Guardianship Orders: What You Need to Know

Understanding Special Guardianship Orders: What You Need to Know
Understanding Special Guardianship Orders: What You Need to Know

Special Guardianship Orders (SGOs) are legal arrangements that give someone other than a child’s parent legal responsibility for the child. This can be a relative, such as a grandparent or a family friend who has a close relationship with the child. SGOs are used when it is not possible for a child to live with their birth parents, but it is not in the child’s best interests to be adopted.

This article will discuss what you need to know about special guardianship orders, including how they work, who can apply for one, and what the process involves.

What is a Special Guardianship Order?

A Special Guardianship Order is a legally binding document that gives the special guardian parental responsibility for the child. This means that they can make important decisions about the child’s upbringing, such as where the child goes to school, their medical treatment, and where they live. However, the birth parents still retain some rights, such as the right to be consulted on major decisions about the child.

SGOs are designed to provide stability and security for children who cannot live with their birth parents but who do not want to be adopted. They are seen as a way to maintain the child’s connection to their birth family while also ensuring that they have a stable and loving home environment.

Who can apply for a Special Guardianship Order?

To apply for a Special Guardianship Order, you must be over 18 years old and have a close connection to the child. This could be a relative, such as a grandparent, aunt, or uncle, or a family friend who has a close relationship with the child.

You must show that you can provide a stable and loving home for the child and understand the responsibilities of being a special guardian. You will also need to undergo a thorough assessment by social services to ensure that you can meet the child’s needs and provide a safe environment for them.

What does the process involve?

Applying for a Special Guardianship Order can be complex and time-consuming. It involves several stages, including:

  1. Initial assessment: The first step is to contact your local authority and express your interest in becoming a special guardian. They will then conduct an initial assessment to determine whether you can apply for an SGO.
  2. Full assessment: If you pass the initial assessment, social services will require you to undergo a full assessment. This will involve interviews, home visits, and checks on your background and suitability as a special guardian.
  3. Court application: Once the assessment is complete, you can apply to the court for a Special Guardianship Order. The court will consider all the evidence and decide based on the child’s best interests.
  4. Support and review: Once the SGO is granted, social services will provide support to help you meet the child’s needs. Regular reviews will ensure that the arrangement is working well for both you and the child.

What are the advantages of a Special Guardianship Order?

There are several advantages to having a special guardian order, both for the child and the special guardian. Some of the key benefits include:

  1. Stability: SGOs provide children with a stable and secure home environment without needing them to be adopted. This can help to reduce the trauma and disruption that can come with being moved from one placement to another.
  2. Legal rights: Special guardians have parental responsibility for the child, meaning they can make important decisions about their upbringing. This can help to provide a sense of security and continuity for the child.
  3. Financial support: Special guardians may be entitled to financial support from the local authority to help them meet the child’s needs. This can include child benefits, tax credits, and other forms of financial assistance.
  4. Connection to the birth family: SGOs allow children to maintain a connection to their birth family while also providing them with a stable and loving home environment. This can help promote the child’s sense of identity and belonging.

In conclusion, special guardianship orders are a valuable legal arrangement that can provide stability and security for children who cannot live with their birth parents. By understanding the process of applying for an SGO and the responsibilities involved, you can help provide a loving and stable home for a needy child. Suppose you are considering becoming a special guardian. In that case, seeking advice and support from social services and other relevant agencies is essential to ensure you can meet the child’s needs and provide them with the best possible start in life.

by DLS Solicitors
Law
17th May 2024
DLS Solicitors

Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.

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