Special Guardianship Order

There are various reasons why it is not in a child’s best interest to reside with their birth parents. In these circumstances, the Court might appoint someone as their Special Guardian through a Special Guardianship Order. The purpose of a Special Guardianship Order is to provide a child with a stable and permanent home without the need of legally severing the child’s ties to their birth parents.

A person over the age of 18 and who is not the parent of the child can apply for a Special Guardianship Order. Before making an application, The Local Authority needs to be given 3 months’ notice. During this period, the local authority must prepare a report setting out their position as to whether the prospective Special Guardian is suitable to care for the child. The prospective Special Guardian also needs to consider whether they require the permission of the court before making an application for a Special Guardianship Order.

If a person is appointed as a Special Guardian, they will acquire parental responsibility for the child until they reach 18 years old. The birth parents will retain their parental responsibility. However, in the event of a disagreement the Special Guardian’s decision will take precedence over theirs, this is often referred to "Super Special Guardianship".

Although the Special Guardian will be able to make day-to-day decision regarding the child, there are some decisions that they cannot make without the parents’ consent or the court’s permission such as taking the child abroad for more than 3 months or changing the child’s surname.

When a Special Guardianship Order is made, a Special Guardian might be able to access additional support from the Local Authority such as financial assistance. This will depend on the local authority and the Special Guardian’s circumstances.

At Clough & Willis, our family law team can provide you with clear and practical advice on the process of applying for a Special Guardianship Order.

Call Clough & Willis on 0800 083 0815 or complete our online enquiry form to request a call back.