A Special Guardianship Order is an order appointing an individual or individuals to be a Special Guardian for a child.  It could be described as half-way point between a Residence Order and an Adoption Order.

Special Guardianship Orders allow the Special Guardian to have Parental Responsibility over the child however does not extinguish the relationship between the child and their parent. A Special Guardian is not deemed to be a parent, nor are they classed as a substitute for a parent.

The Special Guardianship status provides more of a legal status than for a non-parent being named in a Child Arrangements Order and generally, they are permitted to make decisions for the child to the exclusion of the parents or any other individuals with parental responsibility. They are not permitted to make decisions to the exclusion of others in the following circumstances though:

• If there are other individuals in whose favour a special guardianship order has been made, they are not allowed to make decisions about the child without their agreement;
• Where any decisions which require the consent of all individuals with parental responsibility;
• Where it might interfere with any rights the parents have to make decisions regarding adoption or placement for adoption;
• If an adoption agency has restricted the exercise of decision-making by a Special Guardian where there is an Adoption Placement Order in force;
• Where a local authority determines the extent to which a Special Guardian may meet their parental responsibility in cases where a care order is made thereafter; and
• Where the consent by all persons with parental responsibility or permission from the Court is required before changing the child’s surname or removing the child from England and Wales for a period of more than three months

The Court can only make a Special Guardianship Order in relation to children who are minors and can only be made in favour of individuals or couples, whether they are married or not, who are over the age of 18. A Special Guardianship Order cannot be made in favour of public bodies such as local authorities. The Local Authority do however have to prepare a report on the suitability of the applicant to become a Special Guardian to the child or children in question. A Special Guardianship Order cannot be made without this report.

The Court are required to determine whether the granting of a Special Guardianship Order would be in the child’s best interests, bearing in mind that the child’s welfare would be the paramount consideration of the Court. The Court would also need to determine whether the making of an order is better than no order being made at all.

If you would like more information on applying for a Special Guardianship Order, please feel free to contact us on info@boselegal.co.uk or 07539 744144.