Special guardianship orders frequently asked questions

What is a special guardianship order?

A special guardianship order (SGO) is a way of providing stability for a child who cannot return to live with their birth parent and for whom adoption is not appropriate. It is a legal way of giving the person caring for the child, clear, long-term responsibilities for the child's upbringing. At the same time, it preserves the legal link between the child and their birth parents.

In many cases, the child will continue to have contact with their parents. Where appropriate the court may make a 'contact order' at the same time as the SGO.

Once a SGO has been made, the special guardian will normally be the permanent carer for the child until that child reaches the age of 18.

Under what circumstances may a special guardianship order be suitable?

A special guardianship order may be particularly suitable for:

• children in long-term foster care;
• children who are cared for on a permanent basis by members of their wider family;
• older children who wish to retain a legal link with their birth family, but who would benefit from more permanent care arrangements;
• children from families who have cultural or religious difficulties with the legalities around adoption.

Who can apply for a special guardianship order?

A special guardianship order is made through a formal application to a court. You can apply to become a special guardian if you are over 18 and you are:

• any guardian of the child;
• a local authority foster carer with whom the child has lived for one year immediately before the application is made;
• a relative of the child with whom the child had lived for one year before the application is made;
• anyone who holds a 'residence order' in respect of the child;
• anyone who has permission from:
  • the local authority (if the child has been 'looked after' under Section 31 for less than 12 months); or
  • all those with parental responsibility for the child; or
  • the court.

Anyone not on the list above will require the permission of court before they can make an application.

What is the procedure for applying for a special guardianship order?

If you intend to apply for a SGO you must tell the local authority in writing at least three months beforehand that you are going to apply for an order.

During this three month period the local authority will complete a report for the court. This report assesses whether a SGO is the best way to meet the child's needs. It has to look at the child's needs and wishes; information about the prospective special guardian; the views of people involved in the child's life and what support services may be needed. This report must be completed whether or not the child has been looked after by the local authority.

Once the assessment is completed it is for the person who wishes to become a special guardian to decide whether to make a formal application to the court. You may wish to take legal advice about this.

What support is available?

As part of the SGO process, Social Services must consider what support may be needed. Depending on circumstances, this support might be provided to:

• the child;
• the special guardian;
• the child's parents.

Support could be in the form of family services, financial support or a combination of the two. Overall it should help to ensure a stable home environment and supportive relationships for the child.

If a child has previously been looked after, those involved in the application for special guardianship, including the child, the child's parent and the proposed special guardian, have a right to request a support assessment. There is no such right when a child has not been looked after, but Social Services will still consider whether support should be provided in the best interests of the child.

If support is provided, the details will be written down in a special guardianship support services plan.

Who has parental responsibility for the child?

Unlike an adoption order, a SGO does not mean that parental responsibility stops for the birth parent, or anyone else who has parental responsibility.

However a special guardianship order gives the special guardian enhanced parental responsibility for the child. This means that the special guardian has day-to-day responsibility for caring for the child and for making decisions about how they are brought up and can overrule the wishes of the birth parent if necessary.

What can a special guardian expect from the local authority?

Social Services will keep in contact with the special guardian, normally every six months, to check that everything is going smoothly. If support services are being provided, contact is likely to be more frequent.

If support services or financial assistance are provided, these will be reviewed at least once a year to ensure that they are continuing to meet the needs of the child.

If you have concerns or queries you are welcome to contact us at any time.

What does the local authority expect from a special guardian?

Special guardians have few formal responsibilities to the local authority. However, by law you must inform the local authority if at any time:

• you change your address;
• the child no longer has a home with you;
• the child dies;
• there is any change in your financial circumstances or the financial needs and resources of the child.

Special guardians who receive financial support must also provide the local authority with a written annual statement of circumstances.

However, if you need to discuss issues after the order has been granted, you can contact us at any time.

How long does a special guardianship order last?

A special guardianship order will normally last until the child reaches the age of 18.

The court may agree to end ('discharge') or change ('vary') a special guardianship order if certain people, such as the special guardian, someone with parental responsibility or the young person, make an application to the court.

Birth parents can only apply to the court for the order to be discharged if there are significant changes since the order was made.

For more information

If you need more information, or want to talk about applying for a special guardianship order, speak to your social worker if you already have one. Or you can contact Swansea Single Point of Contact (SPOC).