Special Guardianship Orders: an alternative to foster care

Special Guardianship Orders (SGOs) are often used to secure permanence for children where their parents are unable to care for them, often with relatives or close family friends.

They can represent an alternative to long term foster care and are often recommended to long term foster carers as an option to enable children to stop being ‘a child in care’. In this article, we break down the features of an SGO and what you need to know about them.

What is an SGO?

An SGO is an order appointing a person other than the parents to be the long-term carer for a child. Being a child’s special guardian grants parental responsibility for that child. This means that they have the right to make day to day decisions about the child, based on the child’s best interests. The child’s birth parents continue to be the child’s legal parents, and still hold parental responsibility for them, sharing this with the special guardians. However the special guardian’s parental responsibility can be said to be ‘superior’ as, if the special guardians and the birth parent(s) disagree about what should happen, the special guardians will have the final say.

What are the differences between SGOs and foster care?

Many people ask us whether being a special guardian is the same as being a foster carer. While they may appear similar, there are some key differences to be aware of.

Firstly, under an SGO the special guardians acquire parental responsibility for the child. Foster carers do not acquire parental responsibility for the child – this remains with the local authority and the child’s birth parents. The local authority delegates parental responsibility to the foster carers so that they can make day to day decisions about the child, but ultimately the foster carers do not have parental responsibility themselves.

Secondly, special guardians are not automatically entitled to receive financial assistance from the local authority, although this is not a blanket rule. Special guardianship allowance is discretionary rather than automatic and it will depend on the special guardian’s financial circumstances. Foster carers, on the other hand, receive a fostering allowance, which increases as the child gets older. The minimum fostering allowance is usually between £165 and £289 per week.

Given the difference in financial assistance, some people query why SGOs are sometimes recommended over foster care. SGOs are generally seen as more stable and more permanent than foster care. Because of the transfer of parental responsibility, special guardians can make decisions about a child and their upbringing without depending on the local authority. They are also able to make decisions to the exclusion of the birth parents, if the special guardians feel this is in the child’s best interests.

There is also a key difference for the child themselves between the two arrangements.  While they are living with foster carers, children will be subject to a Care Order and considered a ‘Child in Care’. They will have a social worker assigned to them and will have to attend annual medical reviews and regular Child in Care review meetings.  While there is extra support available to children in this situation, there is also a stigma attached to being a Child in Care. Children subject to Special Guardianship Orders are no longer in the care of the local authority and no longer subject to the Child in Care review meetings or other expectations.  They are often able to lead a more ‘normal’ life without state intervention.

Applying for an SGO

Almost anyone can apply to be a child’s special guardian. Some categories of people can apply automatically, and other people have to apply for permission before they can apply.  For example, if everyone with parental responsibility consents to the application, then permission is not required.

If you intend to make an application, you need to notify your local authority at least three months beforehand. The local authority will then carry out an assessment of the proposed special guardian and whether they think they would be able to meet the child’s needs. This is a detailed assessment and can feel like quite an invasive process, but it is important for the local authority to be sure that the proposed SGO is in the child’s best interests.

The local authority will also put together an SGO Support Plan. This details what ongoing support the local authority could offer the family. This can include financial support, therapy or counselling for the child and support in facilitating contact with the child’s wider family. This can be negotiated with the local authority.

Once a positive SGO assessment has been received and the support plan is agreed, the proposed special guardians can make their application to the court.

If you wish to seek further advice or explore the possibility of making a Special Guardianship Application, then please contact our Child and Parent Law team.