A special guardianship is a formal court order which permanently places a child with someone. They usually have a close relationship to the child, such as a grandparent, foster carer, or family friend, but can be anyone who has a link to the child. As part of the Special Guardianship Order (SGO), it gives the nominated guardian parental responsibility. But does this remove it from the child’s parent? This article discusses the issues.
A special guardianship is a formal court order which permanently places a child with someone. They usually have a close relationship to the child, such as a grandparent, foster carer, or family friend, but can be anyone who has a link to the child. As part of the Special Guardianship Order (SGO), it gives the nominated guardian parental responsibility. But does this remove it from the child’s parent? This article discusses the issues.
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What does special guardianship mean?
Special guardianship means that the child lives with the carers who are given parental responsibility for them until they reach 18. It is used as a way to provide security for children who cannot be cared for by their birth parents and is an alternative to other options such as adoption, long-term fostering, or a child arrangements order.
Does special guardianship remove parental responsibility from the parent?
Someone appointed as a special guardian shares parental responsibility for the child with its parents. This is so the child retains a legal link to their birth parents and does not sever the legal relationship. The special guardian can make day-to-day decisions about the child’s care including where they live, go to school, or any medical care.
Are there any decisions a special guardian cannot make without consulting the child’s parents?
A special guardian cannot remove the child from the UK for more than three months or change the child’s surname without obtaining consent from all those who have parental responsibility.
Other changes that require permission include:
- Changing the child’s religion
- Any situation where consent from all those holding parental responsibility is required by law, such as sterilisation of the child
- Placing the child for adoption
If a special guardian is considering implementing any of the changes outlined above, they must obtain the birth parent’s consent, or in the absence of such, permission from the court before carrying them out.
Can a special guardian dictate when I can see my child?
Contact arrangements may be outlined as part of the SGO, while in other situations, they are expected to make informal arrangements themselves. Either way, it should always be decided on the basis of what is in the child’s best interests. The court can make an order for contact between the child and its birth parents even if the special guardian thinks it is not in the child’s best interests. Although, they can challenge this if they are able to provide evidence that contact is distressing the child.
If a birth parent is unhappy with contact arrangements, they can apply to the court. But if applications are made repeatedly and unreasonably, the court can stop them. Birth parents and special guardians can try to resolve their contact issues by asking a social worker to intervene or by attending family mediation.
Are there any circumstances when an SGO can be ended?
There must be a significant change in circumstances for the court to end an SGO. The legal process is long, and the costs can run into thousands of pounds. In reality, it is rare for a challenge from birth parents or relatives to go ahead. Anyone who has parental responsibility prior to the SGO being granted must first apply to the court for permission to apply for a change or ending of the SGO.
An SGO can also end if the special guardian dies, unless it was made jointly with another person, and they survive. Special guardians can appoint a testamentary guardian in their will to look after the child in the event of their death. Testamentary guardians hold equal parental responsibility as birth parents, so will not be in the same legal position as a special guardian. Any disagreement between testamentary guardians and birth parents will need to be resolved in court.
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