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What is a Special Guardianship Order?
The purpose of a Special Guardianship Order (SGO) is to give children a secure, permanent home without legally severing the child’s link to their birth parents.
SGOs are commonly made regarding children who:
- Are remaining in the care of wider family members;
- Require minimal disruption from parents in relation to decisions about their care and welfare;
- May require a level of support from the local authority (LA) longer term.
Foster carers who choose to care for a child long term are also being encouraged to become special guardians to reinforce the child’s sense of belonging.
What does a special guardianship order do?
A special guardianship order is a private law order that appoints a person or persons as a child’s special guardian (section14A(1) Children Act 1989). It gives a person parental responsibility for a child. This is sometimes described as “super-parental responsibility” because the special guardian can exercise parental responsibility to the exclusion of any other person with parental responsibility, except for another special guardian (section 14C, CA 1989). For example, a special guardian can make decisions about a child’s schooling which override the decisions and wishes of the child’s parents. However, a special guardian cannot change a child’s surname or remove them from the Country for 3 months or more without permission from the Court or the other persons with parental responsibility.
A special guardianship order lasts until a child reaches the age of 18 unless discharged by the court.
