Special Guardianship Order (SGO) Solicitors

A Special Guardianship Order is a legal arrangement granted by the Court that gives an individual or individuals the legal authority and responsibility to care for a child until they reach the age of 18. This order is typically sought when it is not appropriate for a child to live with their birth parents, but adoption is not considered necessary or suitable.

The primary purpose of an SGO is to provide stability and permanence for a child who cannot live with their birth parents due to various reasons, such as parental incapacity or other safeguarding concerns. It allows the child to grow up in a secure and nurturing environment, often with a relative or someone with an existing close relationship to the child.

Becoming a Special Guardian is an important role as you will be responsible for making all of the decisions about a child’s future.  The decision should not be taken lightly as you will be providing the foundations for how the child will be raised.

The decisions you will be required to make include the following:

• Parental Responsibility: Special Guardians acquire parental responsibility for the child, allowing you to make significant decisions about the child’s upbringing and welfare, for example where they will live.
• Day-to-day care: Special Guardians are responsible for the day-to-day care and upbringing of the child, providing them with a stable and supportive home environment, for example where they will go to school.
• Contact with birth parents: While an SGO grants the Special Guardians parental responsibility, it does not necessarily sever the legal ties between the child and their birth parents. In many cases, contact arrangements with birth parents and other relatives may be agreed upon, depending on the best interests of the child.

In order to be eligible to apply for an SGO, there are certain criteria that should be met.  You may be able to apply for an SGO if you are any of the following:

• A guardian or local authority foster parent of the child.
• A person who has the consent of everyone with parental responsibility for the child.
• Anyone with whom the child has been living for at least one year before the application.
• Any person who has the Court’s permission to apply.

Before granting an SGO, the Court will conduct a thorough assessment of the proposed Special Guardians’ suitability to care for the child. The assessment will consider factors such as the stability of the home, the relationship between the child and the prospective Special Guardians, and the ability to meet the child’s physical, emotional, and educational needs.

The assessment can be an overwhelming process as your suitability to raise the child will be scrutinised, including a review into your personal and professional lives, as well as your finances and your home.

An SGO remains in force until the child reaches the age of 18, unless the Court decides to discharge it earlier if it is in the child’s best interests.  The welfare of the child will always be the top priority for the Courts and local authorities alike and, once granted the SGO, there will be supervision about your continued suitability to be a Special Guardian.

Local authorities are required to provide support to Special Guardians, which may include financial support or access to various services aimed at helping them fulfil their responsibilities effectively.  These services can help you connect with other Special Guardians in a similar situation, giving both you and the child a network with which to build a new life.