Special Guardianship Orders
You can apply to become a child’s special guardian when they cannot live with their birth parents and adoption is not right for them.
As a special guardian:
you have parental responsibility for the child until they are 18 years old
the child will live with you permanently
you will make the day-to-day decisions about their care
you will make more important decisions about their life. For example schooling and medical treatment
Although an SGO means the child’s parents will have fewer rights, you will need to keep them informed. And get their consent for some important decisions.
Visit the government website for more information: Become a special guardian: What is a special guardian.
What is the difference between kinship foster care and special guardianship?
Special guardianship is a formal court order which places a child or young person with someone permanently. And gives them parental responsibility for the child. This could be a grandparent, close relative or family friend.
Whereas a kinship foster carer is a family member or close friend who is assessed to become an approved foster carer for a specific child. The parental responsibility will sit with the Local Authority. Kinship care is beneficial as the child can stay with someone they are familiar with.
As a kinship foster carer, you must follow all the rules to meet practice standards applied to mainstream foster carers. This includes all the training and development.
Who can apply for an SGO
Special guardians are normally a child’s relative and often their grandparents. However, you do not have to be related to the child to apply for an SGO and it will depend on your own situation. In some cases, you may need to apply to the family court for permission to apply for an SGO.
You can find the most up-to-date list of who can apply for an SGO on GOV.UK.
Applying to become a special guardian
You will need to apply to the courts to become a special guardian.
Before you apply
You will need to attend a mediation, information and assessment meeting (MIAM). A mediator will help everyone involved agree on the child’s care arrangement. When you apply for an SGO, a mediator will need to confirm in writing that a MIAM has taken place, or if it is not required. You can get legal aid to help pay for the costs of family mediation. Learn more on the National Family Mediation website.
before you apply for an SGO, it’s important that you get legal advice
you need to tell children’s services in writing three months before the date you want to apply to the court for an SGO
When you apply
The courts will ask the local authority to prepare a report to consider your suitability. A social worker will complete an assessment to show that you are able to care for the child. The assessment will go into detail and include information about you and your background, the child and any support you think you will need. The resulting report will help the family court make their decision.
Once you have applied you will be directed to share information with the appropriate people or organisations and attend meetings or hearings.
If the court decide the special guardianship order is in the best interest of the child, they will send the final order to you and other people involved. Including the birth parents.
If you are on a low income or receive government benefits, you may be able to apply to the family court to get help with paying court fees.
Support available from Wakefield Council’s Kinship Team
At Wakefield Council we have a special Kinship Team that will provide support and services for special guardians in our local area, including:
advice and information
information about financial help that you may be entitled to
groups and support
training courses
For advice and information, call the Wakefield Kinship Care team on 01924 302160 or email kinship@wakefield.gov.uk.