At Garratts, a dedicated team of care proceedings solicitors specialises in SGOs and is committed to guiding you through every stage of this complex process. We understand the immense responsibility that comes with becoming a special guardian, and our goal is to ensure you're well-equipped to navigate the legal aspects involved. To discuss your case with our team, call us on 0161 665 3502 or request a callback.
What is a Special Guardianship Order (SGO)?
A Special Guardianship Order (SGO) is a legal order granted by the court, providing a child with long-term stability when they cannot live with their birth parents. Under an SGO, the appointed special guardian assumes parental responsibility for the child, allowing them to make important decisions regarding their upbringing, including health, education, and welfare.
An SGO allows the child to connect with their birth family while benefiting from a secure and nurturing environment with their special guardian.
The benefits of a Special Guardianship Order (SGO)
Special Guardianship Orders (SGOs) can provide stability and flexibility in the child's care arrangements. Here are some key benefits:
Long-term stability
SGOs offer long-term security for the child as they provide a legally secure placement. The special guardian has parental responsibility, enabling them to make important decisions about the child's upbringing.
Continuity of relationships
An SGO allows a child to maintain a connection with their birth family, promoting continuity of relationships. This can be particularly beneficial for the child's emotional well-being, especially if they have a strong attachment to their birth family.
Parental responsibility
The special guardian gains parental responsibility, allowing them to make vital decisions regarding the child's health, education, and welfare without the need for consent from the birth parents.
Flexibility
SGOs offer flexibility as they can be tailored to suit the child's individual needs. For example, the court can impose conditions or stipulate arrangements for contact with the child's birth family.
Cultural and religious continuity
In cases where cultural or religious continuity is essential, an SGO can allow a child to remain within their birth family's cultural or religious community while still receiving the care they need.
Financial support
Local authorities often provide financial support to special guardians, helping to ease the transition and provide for the child's needs.
Who can apply for an SGO, and what are the requirements?
A range of individuals can apply for a Special Guardianship Order, provided they meet specific eligibility criteria. Here is an outline of who can apply and the requirements:
Eligible applicants
The following individuals can apply for an SGO:
- Any existing legal guardian of the child.
- A local authority foster parent with whom the child has lived for one year immediately preceding the application.
- Anyone who has a child arrangements order concerning the child, or who has the consent of all those with parental responsibility.
- Anyone who, immediately before the making of a care order, was named in a child arrangements order as a person with whom the child is to live.
- Anyone with the consent of the local authority if the child is in the care of the local authority.
- Anyone else, including relatives such as grandparents, with the leave of the court.
Requirements
- The applicant must be at least 18 years old.
- The child must have lived with the applicant for at least three out of the last five years, or for one year in the case of a foster parent.
- The local authority must be given three months' notice of the intention to apply for an SGO, unless specific circumstances apply.
- The applicant must undergo an assessment process conducted by the local authority to determine their suitability to become a special guardian. This includes a comprehensive report that considers the applicant's suitability, the child's needs, and the proposed contact arrangements with the birth parents.
The process of applying for a Special Guardianship Order (SGO)
Applying for a Special Guardianship Order involves a number of steps designed to ensure that the best interests of the child are always prioritised. Here is an overview of the process:
- Notice of intention: The first step is to give the local authority three months' notice of your intention to apply for an SGO. This notice allows the local authority to prepare a report that will be used to inform the court's decision.
- Assessment: Once notice has been given, the local authority will conduct an assessment. This involves gathering information about you, your family, and the child, and assessing your suitability to become a special guardian.
- Application to the court: After the assessment, you can formally apply to the court for an SGO. This is done by completing Form C1 and a supporting statement (Form C13A) and submitting them to your local family court. A court fee of £232 is usually required unless you're eligible for a fee exemption or remission.
- Court proceedings: After receiving your application, the court will consider the local authority's report and any other relevant information, and will hear from all parties involved, including you, the child's birth parents, and any other interested parties.
- Decision: The court will then decide based on the child's best interests. If an SGO is granted, you will have parental responsibility for the child and can make nearly all decisions about their upbringing.
- Post-order support: After the SGO is granted, you may be eligible for support from the local authority. This can include financial assistance, access to counselling and therapeutic services, and help with facilitating contact with the child's birth parents.
What happens after submitting an SGO application?
After an application for a Special Guardianship Order has been submitted, several stages follow to ensure the child's best interests are at the forefront of the decision-making process:
- Court review: The court will review the documents, including the comprehensive report prepared by the local authority. This report covers your suitability to be a special guardian, the child's needs, and the proposed contact arrangements with the child's birth parents.
- Court hearing: The court will set a date for a hearing where all parties involved can present their case. This typically includes the prospective special guardian, the child's birth parents, and a representative from the local authority.
- Independent review: Sometimes, the court may request an independent review or additional assessments to gather more information. This could include psychological evaluations or assessments of the child's needs.
- Court decision: After considering all the information and hearing from all parties, the court will make a decision. If the court grants the SGO, you will gain parental responsibility for the child. This decision will always be based on the child's best interests.
- Post-order support: Following the granting of an SGO, the local authority often provides post-order support. This can take various forms, including financial assistance, counselling, therapeutic services, and help with managing contact arrangements with the child's birth parents.
