What is a Special Guardianship Order?
A Special Guardianship Order is a family court order that places a child in long-term care with someone other than their parent(s). This can also be known as an SGO. The person the child lives with will become the child’s special guardian (SG) and will be responsible for looking after the child until 18 years old and will hold parental responsibility.
What powers does Guardianship give you?
The day-to-day and major decisions about the child will be made by the special guardian. For example, schooling, contact arrangements with the child’s parents, medical treatment, and religion. These decisions do not need to be discussed with the birth parents.
What can a Special Guardian not do?
A Special Guardian cannot change the child’s surname, put the child up for adoption, take the child abroad for more than 3 months or allow the child to have surgery unless it is for improving their health.
Before such important decisions are made, everyone who has parental responsibility will need to give their consent. If consent is not given, you will need to ask the court to decide by filing an application.
Who is financially responsible for a child under SGO?
The special guardian will be financially responsible for the child. The SG will be given a support plan, which will be prepared by the local authority, and which may include your weekly allowance. Parents are also welcome to support their children financially.
When should I contact a solicitor?
You should contact a solicitor when you have been given permission to seek legal advice from the local authority.
If you are applying privately, then legal aid is offered under some circumstances.
Can a Special Guardianship Order be changed or revoked?
An SGO can be changed or revoked by the court, but the Court will need to first consider any applications for this to happen.
How can we help
If you have been joined to proceedings and would like to be represented or have any queries, contact our care proceedings specialists today on 020 8768 6849.
About the Author
Myah Doyley is a paralegal in our Children Law department. Based in our Crystal Palace and Borough offices, Myah supports our team of lawyers and solicitors who specialise in Care Proceedings.
