A Special Guardianship Order (SGO) appoints one or more individuals (over the age of 18) to become a child’s ‘special guardian’. They are often made when a child has been placed in the care of a close friend or family member due to their parents no longer being able to care for them. The appointed special guardian(s) obtain parental responsibility together with the power to override the parents’ parental responsibility. The SGO allows them take decisions without the parents’ agreement, and independently of them.
The vast majority of Special Guardianship Orders come about as a result of Care Proceedings brought by the Local Authority in respect of children they are seeking to remove from their parents. The Court is often asked to make an SGO at the end of a set of Care Proceedings without a formal application for one being made. However, there is also a process to follow which allows prospective special guardians to formally apply by themselves.
Blaser Mills Law can assist with both processes, whether you are applying for, supporting or resisting a proposed Special Guardianship Order. In certain circumstances, legal aid may be available.
Freestanding Applications – Who can apply?
Any person over the age of 18 can apply for a SGO except the child’s parents but typically those who apply would be a family member or a very close family friend.
Certain people have the automatic right to apply for a Special Guardianship Order, and they are:-
- A guardian of the child under section 14A(5)(a) of the Children Act 1989
- Anyone with the consent of the local authority if the child is in care
- An authorised foster parent with whom the child has lived for at least one year
- Anyone who has the permission of the Court to make the application
- Anyone with a Child Arrangements Order or Residence Order for the child
- Anyone who has consent from those with parental responsibility
- Anyone who is a relative of the child with whom the child has resided with for at least one year
- Anyone with whom the child has lived for at least three years out of the last five years
If you do not fall into any of the above categories you will require permission from the Court to make the application. The most common basis on which these applications progress, is with the consent of the parents, Local Authority or both.
Care Proceedings Applicants – How to apply?
In the event that the Local Authority is involved and have started care proceedings, you can expect them to take the lead on the process and assess you without you having to take the matter to Court yourself. Either the parents would put you forward as a ‘proposed alternative carer’, or else you could try and approach the social worker directly.
They will usually agree to complete initial and then full assessments of you over a period of weeks and months whilst the care proceedings are going on. If your circumstances are particularly promising, you may be appointed by the Local Authority as a temporary (“Regulation 24”) foster carer for the child so that you can care for them whilst the Court case is ongoing. A positive assessment usually leads to the Local Authority funding some limited legal advice for you and you should ask your assessor or the child’s social worker about this.
If the Local Authority are not supporting your application or refuse to assess you altogether, then you will need to apply to Court to challenge as part of the care proceedings. The best opportunity to apply would be immediately after receiving a negative assessment from them, as you can immediately set out why you believe the assessment should have been positive and demonstrate your commitment.
Freestanding Applicants – How to apply?
Whilst rarer, you do not have to wait for the Local Authority to start Care Proceedings to take protective action. You can apply for an SGO from the Court directly if you are concerned about a child’s safety or wellbeing. This may include abuse, neglect, family dysfunction, absent parenting and child or parent disability. People making this application would typically (but not always) have taken the child in already on an informal basis and would be looking to make the arrangement a permanent or long-term one.
In order to apply for a SGO you must give the local authority at least three months’ notice of your intent so they can assess you. If you fall into the category where you need to ask the Court‘s permission, you will have to obtain the Court’s permission in the form of an order before you can give valid notice to the Local Authority to start the three month assessment process ‘timer’.
When three months are up, it is expected that the Local Authority will have completed their assessment but even if they have not, then you can lodge your application and begin the proceedings.
How Blaser Mills Law can help
Denise Herman and Adam Smith are often able to provide a meeting of general advice funded by a Local Authority if they are supporting your application and this will provide you with valuable guidance on the proposed order and arrangements, at no cost to you. If your Local Authority has provided you with a letter offering to pay for some legal advice, please get in touch.
If the Local Authority are not supporting your appointment as Special Guardians (or not yet aware of your intentions) then you should get in touch to discuss how we might be able to assist. Legal Aid is an option available to some potential clients, especially if there are ongoing Care Proceedings. We can discuss private, legal aid and local authority funded options to suit your circumstances.
We can assist clients to pursue their own Special Guardianship application, either as part of Care Proceedings, or as a freestanding application.
You can contact the Child Care team on 0203 814 2020 or email enquiries@blasermills.co.uk.