Special Guardianship Orders

WHAT IS A SPECIAL GUARDIANSHIP ORDER?

A Special Guardianship Order appoints one or more individuals to be a child's Special Guardian, also known as a kinship, foster or family and friends carer. It is a private law order made under the Children Act 1989 and is intended for those children who cannot live with their birth parents and would benefit from a legally secure placement.

Special Guardianship Orders are more secure than Child Arrangements Orders and have a real impact on the exercise of parental responsibility, including in relation to taking children outside the jurisdiction. The impact on birth parents’ rights becomes far more significant if the carer/s later seek to adopt the child/ren following a significant period of Special Guardianship. It is, therefore, important that legal advice is sought regarding the impact on all parties’ rights prior to making any decision whether to apply for, support or oppose such an order.

Most importantly, Special Guardianship Orders provide the carer or carers for a child with “enhanced” parental responsibility rights, which can override the rights of another person including a parent with parental responsibility (except another special guardian) and in relation to a child’s care, upbringing and other important issues, for example, in relation to the child’s health and education.

How much does a special guardianship order cost?

To find out about our service fees, contact us - we will discuss your situation and provide you with an estimate. We offer a free initial appointment to assess your eligibility and in many cases, it is possible to get free legal aid. Alternatively, it might be possible to get help with legal costs and/or the court application from the Local Authority (children/social services) if Special Guardianship is a realistic option within existing care proceedings.

We will provide you with advice on funding options and legal aid when you contact us.

When does a special guardianship order end?

The limitations introduced by Special Guardianship will end when the child turns 18 years old. At this point, they will be legally responsible for their own actions and can decide how to communicate with their parents.

Alternatively, the authority of family and friends carers can be ended before the child turns 18 if they successfully apply to the court to do so. This will end any Special Guardianship limitations set by that order.

What section is special guardianship order covered under the Children Act 1989?

Special guardianship orders are covered by section 14 of the Children Act 1989.

How much is kinship care allowance?

The amount of the kinship care allowance that a foster carer (or special guardian) will receive for their care may depend on their needs and those of the child.

Please note that an allowance can be payable by the local authority to a Special Guardian; however, the rates and allowances paid can vary and depend on each person’s individual circumstances and can be subject to a periodic means-tested review. The payment and duration of any allowances paid varies from each local authority.

How long does it take to get kinship care?

If a child's previous carers are no longer able to look after them, this may be reason enough to place a child into kinship care straight away. However, if it is a question of suitability, child services will need to conduct an assessment to find the right solution for the child.

What is a kinship care assessment?

When a child is placed into care, a kinship care assessment will be conducted to determine the suitability for their care. This assessment will typically take 16 weeks, and will involve regular visits from the social workers to ensure that the child is safe and is having their needs met.