Ameeta Bhuhi
Solicitor, Care Proceedings
English
In some situations, it is in the best interests of a child to be cared for by someone other than their parents. In certain cases, a Special Guardianship Order provides the right level of protection for the carers and the children.
If you find yourself in a position where you need to apply for a Special Guardianship Order, or one is being applied for in relation to your child, our caring and compassionate Child Care Proceedings Solicitors can help you through this process.
A Special Guardianship Order is a Family Court Order which allows someone to care for a child when it’s not possible, for whatever reason, for the child to live with their parents. It is seen as a permanent or long-term arrangement until the child turns 18, and it is intended to provide security and certainty for both the child and their carer. The arrangement also gives the carer, who is known as a “special guardian”, Parental Responsibility for the child. This means they can make key decisions about the child’s care and upbringing.
Becoming a special guardian is a big responsibility, and the process can feel overwhelming at times. Our team of dedicated Child Care Proceedings Solicitors will provide clear, practical advice and the support you need every step of the way. You can rely on us to explain things to you in plain English and always respond to your calls and emails.
Our specialist team of Care Proceedings Solicitors are based in London, Bristol, Leeds, Liverpool and Manchester. As well as advising you, we can represent you at Court hearings. We’ll also let you know if you qualify for Legal Aid and assist you with your application.
For help and expert legal advice, please get in touch with our Child Care Proceedings Solicitors.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
A Special Guardianship Order is a Family Court Order that places a child in the long-term care of someone who is not their parent(s).
A Special Guardianship Order is seen as a permanent or long-term arrangement until a child turns 18 and it is intended to provide security and certainty for the child and their carer.
It gives the Special Guardian Parental Responsibility for the child. This means the child will live with them, and the carer can make important decisions concerning the child’s care, home life, and upbringing.
To become a Special Guardian, you must be at least 18 years old.
Certain people have the automatic right to apply for a Special Guardianship Order. This applies in each of the following situations:
If none of the above apply, then you can still make an application for a Special Guardianship Order, but before you proceed, you’ll need to obtain the permission of the Court.
A child’s parent cannot apply for a Special Guardianship Order under any circumstances.
A Special Guardianship Order will only be made in circumstances where the child’s parents are unable to care for the child. Before a Special Guardianship Order is made, the Court will look at how capable you are of meeting the child’s needs, and a full assessment has to be carried out by the Local Authority. This process typically takes around three months.
When deciding if a Special Guardianship Order is the best course of action, the Court’s first concern is always the welfare of the child. They will consider a range of factors, including:
These considerations ensure that any decision made is in the child’s best interests.
A Special Guardianship Order gives you certain rights, including:
There are some restrictions on what a Special Guardian can do, including:
As a Special Guardian, you’ll share Parental Responsibility with the child’s parents. You’ll be able to make most decisions without the parents’ consent, except for those mentioned above. However, you should still keep the parent informed of any decisions and include them, where possible, in any decision making. You will be expected to provide the child with a safe and stable home, medical care, discipline, education, and protect and support them.
Unless the Court says otherwise, the child’s birth parents can have contact with the child. In most cases, our Child Care Proceedings Solicitors can help you and the parents work this out between yourselves or with the help of mediation.
Because the parents still have Parental Responsibility, they have the right to be involved in most decisions concerning their child. However, with limited exceptions, if a dispute develops, you will have the final say.
Special Guardianship Orders were created to bridge the gap between adoption and Care Orders. The main difference between Special Guardianship Orders and adoption is that the child’s parents retain Parental Responsibility. Unlike adoption, Special Guardianship Order allows the child to maintain a legal connection with their birth parents. In addition, adoption is permanent, whereas a Special Guardianship can be challenged or changed. Finally, a Special Guardianship Order lasts until the child turns 18 years old, whereas an Adoption Order lasts for life.
The alternatives to a Special Guardianship Order are:
You must notify Children’s Services (formally known as Social Services) at your Local Authority at least three months before submitting your application for a Special Guardianship Order with the Family Court.
Children’s Services will investigate the child’s situation and assess your suitability to take on the role of Special Guardian. They will prepare a report for the Court, which will contain information regarding:
We have helped many people apply for Special Guardianship Orders and prepare for Children’s Services investigations. Our specialists in Child Care proceedings always prioritise the child’s welfare and will support you through every step of the application process.
A Special Guardianship Order lasts until the child turns 18 years old or until it is discharged by a Court Order. It is seen as a long-term and permanent arrangement for the care of the child. Because of this, the parents face restrictions when asking the Court to bring the Special Guardianship Order to an end.
Special Guardianship Orders are not made lightly. Therefore, to challenge the Order or have it revoked, the parent must apply to the Court. Permission to apply will only be granted if the parent can show that there has been a significant change of circumstances since the Order was made.
Any decision made by the Court will prioritise the welfare of the child above all else. The parent will need to provide strong evidence that circumstances have changed substantially enough to justify the Special Guardianship Order being revoked or amended.
You can make an application to the Local Authority to be assessed for support services. This is to help you give the best possible care during the child’s transition to living with you permanently and beyond.
Support services can include:
If you are being assessed as a Special Guardian and feel that you need support at any stage, you should raise your concerns with the Children’s Services at your Local Authority. They will then be under a duty to assess the level of support you require in your role as Special Guardian.
A Special Guardianship Order keeps the relationship between the child and their parents intact whilst ensuring the child has a safe, stable, and secure home and family life until they turn 18 years old.
The application process for becoming a Special Guardian can be stressful, and you may even find it a little intrusive. It is important to remember that caseworkers assigned to investigate your situation and provide the Family Court with a report have a legal duty to ensure the child’s welfare comes first. They need to be sure that you have the ability, stability, and resources to take on the Special Guardianship role.
You don’t have to make this journey alone. We’re here to provide you with the knowledge and support you need to make a successful application. You can rely on us to always be there to answer your questions and guide you through every step of the process.
Most people are incredibly nervous about applying for a Special Guardianship Order. This is on top of being concerned about the welfare and safety of the child. If you have never had dealings with Children’s Services or the Family Court before, the process can be extremely intimidating.
Our Child Care Proceedings Solicitors understand this and will do everything possible to make you feel confident and informed. We're approachable, friendly, compassionate, and our priority is the child's welfare. We will:
You may be entitled to means-tested financial support. We’ll help you through the process of applying for all the support you qualify for as a Special Guardian.
You may be able to fund your case through Legal Aid, which is means-tested. We will assess your eligibility for Legal Aid. If you are not eligible, we will provide you with clear and transparent information on the costs involved and discuss alternative funding options where available.
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