LEGAL EAGLE: A ​Special Guardianship Order and the impact it can have when requested

By Andrew Freckleton
Published 28th Mar 2023, 08:00 BST
A Special Guardianship Order is an order made by the Court, often during care proceedings, that places a child with someone other than their parents on a long-term basis.A Special Guardianship Order is an order made by the Court, often during care proceedings, that places a child with someone other than their parents on a long-term basis.
A Special Guardianship Order is an order made by the Court, often during care proceedings, that places a child with someone other than their parents on a long-term basis.
The local authority has applied to court take my grandchildren into care. As part of this process I have been assessed positively for a Special Guardianship Order, and the authority is suggesting this order is made. What does this mean and what is the impact of this order?

A Special Guardianship Order is an order made by the Court, often during care proceedings, that places a child with someone other than their parents on a long-term basis. These orders are often made in favour of the grandparents or other relatives of children when their parents are deemed unable to look after them in the long-term.

The impact of a Special Guardianship Order being made is important – if one is made in your favour, it will grant you parental responsibility for your grandchildren. This means that you will be able to make day-to-day decisions about their lives, including decisions about their healthcare and education and other important issues in their life. One important thing to note about Special Guardianship Orders is that while they do not remove the parental responsibility from the children’s parents, they allow the Special Guardians to make decisions to the exclusion of anyone else – this means that the children’s parents do not have to agree to decisions that you might make regarding the children.

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If you are being considered as a potential Special Guardian, you will need to be assessed by the local authority, who will write a report to the Court recommending whether or not the Court should make the Order. In this assessment process, the local authority will explore what support you are entitled to as Special Guardians can be entitled to a range of practical and financial support dependent on your circumstances.

If you have been positively assessed as a potential Special Guardian for your grandchildren, it is important that you seek legal advice to ensure that you are fully informed about the implications of the Order and your support plan. It is normal practice for the local authority to fund legal advice for proposed Special Guardians during care proceedings – you should discuss this with the Social Worker for the children before looking to obtain any legal advice.

If you are considering applying for a Special Guardianship Order please contact Ben Hoare Bell on 0191 565 3112 or email [email protected] for advice. Visit www.benhoarebell.co.uk for further information.