Special Guardianship
Special Guardianship is a Court Order that places a child to live with one or more adults who become the child’s Special Guardian, with legal and parental responsibly. Special Guardianship is intended for children who can no longer live with their birth parents and who would benefit from a legally secure placement.
It is quite common for children who have been removed from the care of their parents by a local authority to be placed with relatives under a Special Guardianship Order.
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Who can apply for Special Guardianship Orders?
At Nash & Co Solicitors, we have specialist solicitors who can assist you in applying for a Special Guardianship Order and we will also advise you on aspects of funding through Legal Aid. While applications are not allowed by the parent of the child in question, there are many adults who are eligible to apply as an individual or as a couple, including guardians of the child or those having a Child Arrangements Order or a Residence Order for the child.
You can also apply if the child has lived with you for at least three out of five years, or as a local authority foster parent with whom the child has lived for at least one year preceding the application. Anyone with the consent of the local authority, if the child is in care, can also apply as can anyone who has permission of the Court to make the application.
What else should you know?
If you wish to apply for a Special Guardianship Order you must notify the local authority of your intention. Social Services will then undertake an assessment to see whether you are suitable to be Special Guardians and whether a Special Guardianship Order is in the best interests of the child.
This is often seen as a “halfway house” between a Child Arrangements Order and adoption, but there are many areas to consider; they do not make a child legally a member of his or her new family or end the legal relationships with the birth family. However, in most cases, they are often sufficient to meet the child’s needs.
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