Do you have a relation or friend who is looking after a child or do you know someone who might like to give a child they are currently looking after a permanent home but not sever the child’s ties with their natural parents? 

Perhaps you yourself are caring for a grandchild or niece or nephew and would like some security to continue to do so in the longer term, not wishing the child to return to the same situation that they left or be placed permanently in a new family? If so, a special guardianship order may be the answer as an alternative to the finality of an adoption order.

When a child’s natural parents are unable to continue to care for the child, the route of care proceedings, where the child lives with a foster family, and then adoption, has historically provided the answer. This has been particularly so in relation to younger children under the age of 8 or 9 and often the wider family and friends have had to stand by feeling helpless.

The Adoption and Children Act 2002 came into effect on 31 December 2005. Under this Act there are alternative options to adoption including special guardianship orders. The person who is the special guardian has legal responsibility for the child (parental responsibility) but the child remains a child of the natural parents and the parents also continue to share a limited parental responsibility with the special guardian.

A special guardianship order can be varied or discharged whereas an adoption order is final, so it is more likely that the child will continue to have an ongoing knowledge or even relationship with the natural parents under this arrangement.

The special guardianship order is seen as particularly appropriate for grandparents, aunts and uncles but many types of people can apply and the important question for the court is what type of order best serves the welfare of the child, now and in the future.

Applicants for a special guardianship order can also include a guardian of the child, any person who holds a residence order, anyone with whom the child has lived for 3 out of 5 years and a local authority foster parent with whom the child has lived for at least one year immediately preceding the application.

The relationship between the applicant and the birth parent will often be considered by the court as to whether a special guardianship order would be appropriate. The order is often seen as a middle ground between the termination of ties by the child to the natural parents and maintaining the natural parents’ involvement.

If you find yourself in a situation where you are caring for a child and believe that situation should continue but with some degree of certainty, or you know someone who is and you would like more information, please talk to one of our specialist family team who can advise you as to the best way forward.

This article is for the purpose of general awareness only and the law may have changed since it was originally published.  It does not constitute legal or professional advice and readers should not act on the basis of the information included.  Readers should take appropriate advice upon their own particular circumstances.

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