Special Guardianship Orders; Kinship care explained
When children sadly cannot be cared for by their parents, our specialist Child Law team can help guide clients through the options and implications of kinship care and special guardianship with compassion and care.
Ramsdens appreciates how complex and difficult to navigate child law can be when events and circumstances require the use of legal devices to protect the care of minors.
Our team stands with clients as a trusted source of support and advocacy, ensuring that clients, relatives and children have access to the information they need to make informed decisions, with confidence at a difficult time for all parties, especially the children affected.
What is a Special Guardianship Order?
One legal order used to protect children is a Special Guardianship Order (SGO). An SGO allows relatives or friends to look after children who cannot live with their parents.
This type of care, sometimes called ‘kinship care’ or ‘family and friends care, is for those who are closely connected to the child. This could be a grandparent, a close family friend, or even a trusted neighbour. Kinship carers are also known as Connected Persons.
Understanding Special Guardianship Orders
The SGO appoints one or more individuals to be a child’s Special Guardian. It is a Private Law Order made under the Children Act 1989 for children who cannot live with their birth parents and need a legally secure placement. SGOs effectively provide the carer with enhanced parental responsibility, allowing them to make significant decisions about the child’s life, such as their health and education.
SGOs are more secure than Child Arrangements Orders and have a greater impact on parental responsibility, including decisions about taking the child outside the jurisdiction. It’s crucial to seek legal advice from a Special Guardianship Order solicitor regarding the impact on all parties before applying for, supporting, or opposing an SGO.
Private arrangement or legal order; what’s the difference?
Kinship care can either be a private arrangement or formalised through a legal order. The best option depends on your specific situation and the child’s needs.
Private arrangement: This informal setup involves a child being looked after by someone other than their parent, like a grandparent or close relative. There are no legal agreements, so the new carers are responsible for any issues that arise.
Private fostering: When a child under 16 (or under 18 if disabled) is cared for by someone who is not their parent or a close relative for more than 28 days. Close relatives include step-parents, grandparents, siblings, uncles, or aunts.
Kinship fostering: In this arrangement, the local authority has legal responsibility for a child and places them with a family member or friend who becomes a foster carer.
Who can apply for Special Guardianship Orders?
The following people may apply to be special guardians:
- Any guardian of the child
- Anyone with a Child Arrangements Order in their favour for the child to live with them
- Anyone with whom the child has lived for at least three years out of the last five
- Anyone with the consent of the local authority if the child is in care
- A local authority foster parent with whom the child has lived for at least one year preceding the application
- Anyone with the consent of those with parental responsibility
- Anyone with the permission of the court
Applying for a Special Guardianship Order
If you believe an SGO is necessary for providing stability and security for a child, our expert Special Guardianship Order solicitors are ready to guide you through the process.
Frequently asked questions
For information on service fees, contact us for an estimate. We offer a free initial appointment to assess your eligibility, and it may be possible to obtain free Legal Aid. We will advise on funding options and Legal Aid when you contact us.
The limitations of a Special Guardianship Order end when the child turns 18. At this point, they become legally responsible for their own actions. Alternatively, the authority of family and friends carers can end before the child turns 18 if they successfully apply to the court.
SGOs are covered by section 14 of the Children Act 1989.
The Kinship Care Allowance depends on the needs of the child and the carer. Local authorities may provide allowances, which vary and are subject to means-tested reviews.
If a child’s previous carers are unable to continue, kinship care can be arranged quickly. If suitability is in question, child services conduct an assessment to find the best solution for the child.
A Kinship Care Assessment determines the suitability of potential carers. This typically takes 16 weeks and involves regular visits from social workers to ensure the child’s safety and well-being.
