A Special Guardianship Order does not necessarily mean that parental responsibility will be taken away from the child’s parents, but it does grant enhanced responsibility for the Special Guardian to be the primary decision maker for the child. I.e. the holder of the special guardianship order has the final say on matters relating to the child.
Those applying for a Special Guardianship Order must meet the following criteria:
Be aged 18 or over, and one or more of the following apply:
- you are a Local Authority foster carer with whom the child has lived for a period of one year directly before the application; or
- the child has lived with you for three of the last five years (and the child has not ceased living with you more than 3 months before the application); or
- you are the guardian of the child; or
- the child is in Local Authority care, and the Local Authority consents to you making an application; or
- you have a Child Arrangements Order or a Residence Order in respect of the child; or
- you are a relative of the child, and the child has resided with you for at least one year immediately pre-dating an application, or
- you have permission from the court to make the application
Joint applications can also be made, and the marital status of the applicants has no bearing.
To apply for a Special Guardianship Order, the potential guardian must inform the local authority of their intention three months ahead of submission. They can then make an application to the family court. Our solicitors can help guide you through this process.
Your suitability will then be assessed by the Children’s Services Department, and they will submit a report to the court outlining their recommendations.
Financial support may be available for Special Guardians, and an assessment can be made upon request. Such forms of support may include financial, respite, access to support groups, counselling, and training.
If the child concerned is in the care of the local authority, an assessment will automatically be carried out to determine what support is available.
Special Guardianship Orders can be complex, and you should seek the advice of an experienced solicitor before embarking on the process. Get in touch with our specialist solicitors today to learn how we can help you.
