Special Guardianship

Special Guardianship Orders (SGO) are for those who wish to take on the main carer role for a child. The applicant can be a member of the extended family, for example, grandparents, uncles, aunts etc., or others with whom the child is already living.

Such applications are made under the Children Act 1989.

SGOs are private law orders which provide the special guardian with parental responsibility for the child concerned. They provide permanence and security for children for whom adoption is not suitable. The basic legal ties with the birth family remain, but it is the SG that is entitled to exercise their parental responsibility to the exclusion of others who hold parental responsibility (usually the birth parents).  The birth parents PR is, therefore, curbed and substantially reduced as they are not entitled to usurp the decisions made by the special guardian.

Where permission is needed to apply for such an order the applicants must make that application via the court prior to giving the local authority notice of the application. If no permission is required, notice must be given to the local authority in which the child lives at least three months before the application to the court .is made (in writing).

If you require assistance with making such an application, contact us to discuss your specific circumstances