What Is a Special Guardianship Order?

A special guardianship order is a family court order that places a child with a named individual, usually a relative or close family friend, who is not the child's parent. It is used where a child cannot live with their parents but adoption is not appropriate or in the child's best interests.

What Does a Special Guardianship Order Do?

A special guardianship order gives the special guardian parental responsibility for the child and the power to exercise that responsibility to the exclusion of the child's parents in most day-to-day matters. The parents retain parental responsibility but cannot exercise it in ways that conflict with the special guardian's decisions.

Importantly, a special guardianship order does not sever the legal relationship between the child and their parents, unlike adoption. The child retains their legal identity and family links.

Who Can Apply for a Special Guardianship Order?

A wide range of people can apply, including grandparents, aunts and uncles, siblings, foster carers, and other relatives or people who have a significant relationship with the child. In some cases the court can make a special guardianship order on its own initiative, even if no application has been made.

When Are They Used?

Special guardianship orders are most commonly used in cases where a child has been in the care of a relative or foster carer, and that arrangement is to be made permanent but adoption is not appropriate. They are also used where an older child wishes to maintain legal ties with their birth parents but needs permanent security outside the parental home.

What Support Is Available?

Local authorities have a duty to assess the support needs of special guardians and, where appropriate, to provide support services including financial assistance, counselling, and mediation. This assessment should be carried out before the order is made.

Can a Special Guardianship Order Be Changed?

Yes. Either the special guardian, the child's parents, or the child can apply to vary or discharge a special guardianship order. Leave of the court is required before most applications can be made, to prevent repeated or vexatious applications.

Summary

A special guardianship order places a child with a named carer who is given parental responsibility and the power to make decisions for the child. It provides permanence without severing legal ties to birth parents. It is used where a child cannot safely live with their parents but adoption is not appropriate. Local authorities have a duty to assess and provide support to special guardians.

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