In the face of global challenges, ensuring stable and permanent homes for children who cannot live with their birth parents is more critical than ever. Special Guardianship Orders (“SGOs”) are a pivotal mechanism aimed at achieving this goal. Designed to provide children with stability and permanency without severing ties to their birth family, SGOs have helped many children thrive within their extended network of family and close friends. That said, the legal and practical challenges of SGOs cannot be underestimated, and expert advice is crucial to success.
The purpose of special guardianship orders
SGOs were introduced by the Adoption and Children Act 2002’s amendment of the Children Act 1989 (“the Act”). The government’s intention when creating SGOs was to address gaps left by traditional care orders and adoption, providing an alternative for children who needed long-term stability but for whom adoption was unsuitable or unnecessary. Often this is the case for older children, unaccompanied asylum seekers, or those from cultural backgrounds where adoption is unconscionable.
Contrary to expectations, early studies indicated that SGOs were used primarily for young children rather than older children and did not reduce the number of children in the care system. A study from 2023 however shows that SGOs have become the main route for children out of public care.
Though technically private law orders, SGOs are frequently made in the context of public law care proceedings, where a child is in care, and without any legal aid provision for prospective Special Guardians, posing a financial challenge for families who would like their family member to live with them.
The challenges special guardians face
As the Nuffield Family Justice Observatory noted in 2019, Special Guardians face significant challenges:
- Rushed assessments: The 26-week time limit on care proceedings to be filed once a child is taken in to care, can lead to assessments which overlook long-term needs;
- Insufficient support: While Special Guardians are entitled to receive post-order support akin to that offered in adoption cases, in reality this support is often inconsistent and inadequate. This trend looks to continue, especially given Local Authority budget constraints;
- Difficult relationships which threaten the placement: Familial conflict prompted by managing contact arrangements with birth families and accessing necessary resources to ensure safety can lead to a breakdown of the arrangement and further instability for the child; and
- Legal and financial burdens: SGOs lack the financial and legal safety nets of fostering or adoption, leaving Special Guardians to navigate disputes and expenses on their own.
Studies also reveal that Special Guardians can feel excluded from care proceedings, heightening stress and underscoring the need for better legal representation and clearer guidance during the process.
Why expert legal support is essential
SGOs represent a profound commitment to a child’s welfare, but come with intricate legal and practical responsibilities. Wedlake Bell can provide tailored advice to ensure prospective Special Guardians are well-prepared for the road ahead and are at the centre of the decision-making process.
We are uniquely positioned to assist Special Guardians, both prospective and existing, given our understanding of child welfare and social care. We understand Local Authority processes from the inside, enabling us to bridge the legal and social care divide to best negotiate support and services. Several team members bring a trauma-informed approach to their legal practice, recognising the needs of children who have been or are likely to experience significant abuse.
Specifically we can:
- provide expert legal advice on the Special Guardianship process;
- draft and review the necessary court documents, including SGO applications and supporting evidence such as care plans;
- assist with court representation;
- negotiate support packages with the Local Authority (including financial allowances and therapeutic services); and
- provide ongoing post-order legal support such as advice on maintaining contact arrangements with birth parents or seeking amendments to the order if circumstances change.
Contact us today for guidance and support to make this life-changing journey with confidence.