Special guardianship order

A Special Guardianship Order is a relatively new legal option intended to provide stability and long term security for children where adoption is not suitable.

A Special Guardianship Order (SGO) makes one or more carers a child's special guardian giving them Parental Responsibility and the ability to make day-to-day decisions in all aspects of caring for the child.

Michelmores special guardianship order team

Amy Sanders

SOLICITOR

amy.sanders@michelmores.com

Vanessa Priddis

PARTNER

vanessa.priddis@michelmores.com

Penny Rogers

SOLICITOR

penny.rogers@michelmores.com

Polly Hall

SOLICITOR

polly.hall@michelmores.com

Rachael Shearmur

SOLICITOR

rachael.shearmur@michelmores.com

Rachel Cook

ASSOCIATE

rachel.cook@michelmores.com

Rachel Chadwick

PARALEGAL (G.INST.L.EX)

rachel.chadwick@michelmores.com

How do I apply for a Special Guardianship Order?

The first step is to provide written notice to your local Social Services Department. The Local Authority (also known as Social Services) must be given 3 month's notice before you are able to make an application to the Court for a Special Guardianship Order.

What's the difference between Special Guardianship and adoption?

With a Special Guardianship Order, the birth parent(s) retains Parental Responsibility albeit in a weakened form. With adoption, the birth parents have their Parental Responsibility extinguished.

When is a Special Guardianship Order considered the most appropriate?

SGOs are usually granted to grandparents who are caring for a grandchild when the parents are unable, and may be opposed, to the grandparents caring for the child.  Practically, the grandparents require dominant responsibility which an SGO provides. However, if the grandparents were to adopt their grandchildren, then this 'skews' the family dynamics with a grandchild becoming, in law, a child of the grandparent and thus a sibling to the child's birth mother or father.

Special guardianship order

A Special Guardianship Order (SGO) may be appropriate for children who do not want to be legally separated from their birth family, but would benefit from greater legal security and permanence in thier new home.

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