Have a question?
033 3772 0409

Special Guardianship Orders

Special Guardianship Orders

 

What is a Special Guardianship Order (SGO)?

 

Under the Children Act 1989, a Special Guardianship Order allows an individual to share Parental Responsibility with the child’s biological parents.

 

This order differs from Adoption Orders as when a Special Guardianship Order is granted, the relationship between the child and the biological parents is ongoing as they retain their parental responsibility. Whereas, when an adoption order is made, the legal relationship between a child and their biological parents ceases to end.

 

What are the requirements for a Special Guardianship Order?

 

A Special Guardianship Order can only be made in favour of someone who is at least 18 years old and is not the child’s biological parent.

 

The following people may apply for a Special Guardianship Order:

  • Any Guardian of the child;
  • Where a child arrangements order is in force, anyone named in that order as a person with whom a child is to live;
  • Any person with whom the child has lived for 3 out of the last 5 years;
  • A local authority foster parent or a relative with whom the child has lived for at least one year immediately preceding the application.

 

Any person who:

  1. in any case where a child arrangements order is in force with respect to the child, has the consent of each of the persons named in the order as a person with whom the child is to live;
  2. in any case where the child is in the care of a local authority, has the consent of that authority; or
  3. in any other case, has the consent of each of those (if any) who have parental responsibility for the child.

 

Anyone outside of the above categories although an application for a Special Guardianship Order can be made, they will require permission of the court to apply for the same.

 

The Court can on occasions, make a Special Guardianship Order of its own motion where it considers appropriate to do so.

 

What does the Court have to consider when making the Order?

 

The child’s welfare will be the paramount consideration when the court are making decisions regarding Special Guardianship Orders.

 

How long with the Special Guardianship Order last?

 

A Special Guardianship Order will last until the child is 18. 

 

When can a Special Guardianship Order be made within Care Proceedings? 

 

As a part of the Care Proceedings , family members and friends maybe put forward to the Local Authority to be assessed as alternate carers for the child in the event that the parents are not assessed as suitable to care long term for the child.

 

If the initial assessments are positive, the Local Authority may recommend a Special Guardianship assessment is undertaken to establish if such an order should be made at the conclusion of the care proceedings.

 

How can Duncan Lewis Solicitors help you?

 

Duncan Lewis Solicitors have extensive experience in advising clients on SGO matters. Our staff also speak a range of different languages to assist and advise clients when required.

 

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

 

Funding for the matter

 

An initial interview with a fixed fee for legal advice can be offered for these applications. Once the case has been assessed it may be possible to offer an hourly rate or further fixed fee but you will be advised of the funding options in advance. Duncan Lewis Solicitors are able to provide legal aid depending on the type of application that has made.

 

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.

 


For all Child Care related matters contact us online now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Our Services
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.