Special Guardianship Order Requirements

A special guardianship order is an order by which one or more persons are appointed as the “special guardian” of a child. This is a private law order under the Children Act 1989 for children who cannot live with their biological parents and would have a legally secure placement. Let`s say you fall into the category where you need to get permission from the court to apply for special guardianship. In this case, you must obtain this court order before you see your intention to complete the application for a special guardianship order. Special guardians have restrictions on the following unless they have permission from a person with parental responsibility or a court order: If a child is not in care, the local authority where the special guardian lives is responsible for assessing and providing support services. This includes assessment and any necessary support for the child`s loved ones living elsewhere. If the special guardian and his/her family move, responsibility passes to the new local authority. The local authority where the special guardian previously resided should cooperate if necessary to ensure a smooth transition for the child. You must be over 18 years of age and not be the parent of the child in question. You can submit an application alone or with another person. The following persons may apply as special guardians The identification of persons who may provide long-term care for the child within the family may include persons who reside in overseas countries or who are nationals of overseas countries. Special guardianship may be considered if a child is placed outside the jurisdiction.

Consideration must be given to how assessments are conducted in a manner that is consistent with the law and culturally relevant. This should be taken into account: first of all, you must inform the municipality at least three months in advance of your intention to apply for a special guardianship order. The competent local authority is either the child`s place of residence or the local authority that cared for the child (if applicable). Each local authority must make arrangements for the provision of special support services, which may include: Let`s say you don`t fall into one of the above categories. In this case, you will need permission (permission) from the court to file an application for special guardianship. The order usually lasts until the child turns 18. In recent years, foster parents have been encouraged to become special guardians to strengthen children`s sense of belonging to a family. The court may make a special guardianship order only if it has received a special guardianship report; However, if most of the required information is already available to the court in another format, the local authority does not have to start from scratch. Instead, the local authority should be instructed to submit a report that meets the requirements by including the missing information and containing the remaining information in the form of cross-references to information already held by the court in other reports.

The court may authorize the removal of the child from jurisdiction for more than three months. Once a special guardianship order has been made, the court may allow the child to be known by a new surname. Although special guardians have improved parental rights, meaning they make decisions about the child`s upbringing, there are some limitations. In this case, if the person applying for special guardianship is a child, the court will grant the application only if the judge is satisfied of this. For the judge to be satisfied, the child must understand the consequences and responsibilities of a special guardian. This assessment determines whether a person needs special support services and whether the municipality can provide these services. The person should be informed of the support available and, if applicable, the financial support. It is important to obtain legal advice before agreeing on a provision in order to be fully represented.

The format and content of the exam will vary depending on the circumstances of the case. Notification of developments and any review of the provision of support services do not always require direct contact between the local authority and the special guardian. If the change in circumstances is relatively minor, the examination may be limited to correspondence. In particular, the annual review of financial assistance could be carried out through an exchange of correspondence between the local authority and the special guardian. Where the change in circumstances concerns only one service, verification may be carried out only by reference to that service. However, if the change in circumstances is significant, such as a serious change in the child`s behaviour, a new needs assessment should normally be carried out. The Adoption Support Fund funds a range of therapeutic supports for adopted children and their adoptive families. Since April 2016, this provision has been extended to children in the care of special guardians who were “taken into care” immediately prior to the issuance of the special guardianship order. Consultation with the relevant clinical commissioning group and the local education authority should be part of the assessment process and the person whose needs are being assessed should be interviewed, unless the assessment is limited to information and counselling or it is not appropriate to interview a child. In this case, the child`s current or future special guardian may be interviewed. Special guardianship is a family court order that reunites a child or youth with someone other than their parents on a long-term basis. The person(s) with whom a child is placed becomes the child`s special guardian.

The Adoption and Children Act 2002 introduced special guardianship and special guardianship orders. Hiring a family law lawyer gives you peace of mind that you have the best chance of getting your guardianship order. If you have any other questions, please visit our family law page or contact our lawyers directly on 020 3007 5500. If a local authority proposes to modify or terminate the provision of special guardianship assistance services to a person, it must, before making a decision on the basis of the review, give the person an opportunity to make representations and, for this purpose, communicate the proposed decision and the time limit for making observations. This notification shall contain the same information as the notification of the outcome of an initial assessment (see Section 12, The specific guardianship support plan), including a revised draft plan. The social worker(s) preparing the Court report must be qualified and experienced. There are no specific requirements regarding the level of qualification or experience required, and it is the responsibility of the manager of the social work team concerned to ensure that the designated employee is qualified to write the report. As each situation is assessed on a case-by-case basis, temporary placement with the proposed special guardians may be considered both to establish relationships between the child and the special guardians and to confirm the applicants` ability to fulfil their parental obligations, meet the needs of the child and promote the child`s well-being and best interests. The national police computer will prove any criminal conviction or criminal investigation against a potential special guardian.

Local authorities will usually request extensive disclosure and review of the blocking service against the special guardian. In addition, the Family Justice Council will consider expanding disclosure that excludes service checks for all members of the special guardian`s household over the age of 16. According to the order itself, a special guardianship order applies until the age of 18, unless the court complies with the order before that date. Although the order is generally valid until the child turns 18, the court may make exceptions in certain situations where circumstances have changed significantly. The parent of a child cannot be appointed as the child`s special guardian. The court must decide that a special guardianship order is the most appropriate order to make in the best interests of the child.