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Special Guardianship

A special guardianship order is an order appointing 1 or more individuals to be a child’s “special guardian”. The effect of a special guardianship order is that: a special guardian has parental responsibility for the child; and is entitled to exercise the parental responsibility to the exclusion of any other person who has parental responsibility (save for any other special guardian).

The provisions were introduced by the Adoption and Children Act 2002 with the aim of allowing a child to be subject to an order in private law proceedings with a non-parent with a degree of permanence greater than a residence order but less final than an adoption order. It is a kind of half way point between residence and adoption without the sometimes difficult feature of an adoption where all legal ties between the birth parents and child are severed.

We can advise you on all aspects of the order-who can apply and the procedure. Foster carers can apply as can family members but not parents. We can negotiate with the relevant local authority to provide a financial support package for special guardians in appropriate circumstances.