Dronfield Online October 2010

By Sally Hibbert, a childcare specialist at leading Sheffield solicitors, Taylor&Emmet LLP. Sally advises families involved with social services on issues including care and supervision proceedings, the discharge of care orders and contact with children in care. In this month’s column, she explains the care process known as special guardianship.

Family members often step in to look after children when their parents are unable to do so, for many different reasons.

It has long been considered that adoption within families is inappropriate as it changes legal relationships and can be extremely confusing for the child concerned. As a result family placements were, until recently, usually secured by asking the court for a residence order in favour of the carers.

Residence orders allow the adults looking after a child to have equal parental responsibility with the parents and control over where the child lives. However, another option is now available and is becoming more common, known as special guardianship.

What is special guardianship?

Introduced in December 2005, special guardianship is intended to provide a middle ground between adoption and residence orders. It gives the child’s carers parental responsibility but, unlike a residence order, that authority can be exercised to the exclusion of the parents, offering carers full control of the day-to-day decision making.

Special guardianship is also more secure than a residence order as the child’s parents do not have an automatic right to ask the court to discharge it. They would need the court’s permission (known as ‘leave’) to do this.

Can I apply to become a special guardian?

Broadly speaking, anyone other than the child’s parents can apply to the court for a special guardianship order, although there are rules about who has the right apply and who needs to obtain leave from the court.

How do I apply to be a special guardian?

Anyone who wishes to apply for this type of order must notify the local authority of their intention. The local authority then has three months in which to produce a detailed report for the court and once this period has passed, an application can be made.

How will the court decide whether to grant the order?

When considering an application for special guardianship the court’s focus will be on the child’s best interests. Every order is decided on its own merits.

Will I receive any support from the local authority?

All local authorities are obliged to put support services in place for special guardians. As part of its report to the court, the local authority must consider whether those services are to be provided. This can include financial support amongst other things.

For further information about special guardianship or the full range of childcare services offered by Taylor&Emmet, telephone (0114) 218 4000 or visit www.tayloremmet.co.uk