A Special Guardianship order is a type of order that can be used when grandparents or relatives step in to look after a child or children when the children are under the age of 16, and their parents are unable to do so.
Often there may have been a social worker involved but sometimes families discuss these arrangements between themselves.
A Special Guardianship Order is not the same as adoption and the parents keep parental responsibility. The granting of a Special Guardianship Order enables the relative applying to make day to day decisions to ensure the safety and wellbeing of the child(ren) without having to obtain consent from the parents.
In essence the Special Guardian has enhanced parental responsibility, which provides added protection for a child to ensure that decisions are going to be made in their best interests. It also enables them to grow up within the family unit and maintain contact with birth parents in an appropriate way.
You can apply to be a Special Guardian if:
- You are over 18
- You are related to the child and they have lived with you for a least one year immediately prior to the application, or the court has granted permission for you to apply for the Order (to reflect the circumstances).
- The child has been in your foster care for at least a year immediately preceding the application.
- The child has lived with you for at least three of the previous five years.
- You have permission from the Local Authority if the child is in their care.
- You have permission from the Court.
If you do wish to apply for a Special Guardianship Order then you must inform the Local Authority that it is your intention to do so at least three months before making the application at Court. The Local Authority (Children’s Services) will contact you to assess your suitability and prepare a report for Court outlining their recommendations.
After the three months has passed, an application can be made to the Family Court as it has the jurisdiction to make an Order (you do not need to wait for the final report from the Local Authority as the Court will set a timescale if it is not yet available).
As part of the assessment, you can also ask for consideration to be given to assess appropriate support for yourself and the child as follows:
- Financial assistance.
- Counselling and emotional support.
- Respite care.
- Access to support groups.
- Training and advice to help the Special Guardian meet the needs of the child.
Eligibility for financial assistance to cover out of pocket expenses such as supporting visits with the child’s family or childcare expenses is means tested but available to all.
Should the needs of the Special Guardian and the child require it, there may also be other support available.
