Special Guardianship Orders: SGO Guide for Social Workers

What is a Special Guardianship Order?

A Special Guardianship Order (SGO) is an order appointing one or more individuals to be a child's "special guardian." It gives the special guardian parental responsibility for the child, which they can exercise to the exclusion of others with parental responsibility (except another special guardian).

SGOs were introduced in 2005 to provide permanence for children who cannot live with their birth parents but for whom adoption is not appropriate. They're often used for placements with family members or connected persons.

Key Features of SGOs

Parental Responsibility

• Special guardians acquire parental responsibility
• They can exercise PR to the exclusion of others (except another special guardian)
• Birth parents retain PR but the guardian's PR takes precedence for day-to-day matters

Legal Status

• The child remains legally related to their birth family
• No adoption—the child's surname doesn't automatically change
• The child can maintain their identity and family connections

Duration

• Lasts until the child is 18 (unless discharged earlier)
• Can only be varied or discharged by court order
• Birth parents need leave of the court to apply to discharge

Who Can Apply for an SGO?

• Any guardian of the child
• Anyone with a child arrangements order for the child to live with them
• Anyone with whom the child has lived for at least 3 years
• Anyone with the consent of all those with parental responsibility
• Local authority foster carers (with consent of the local authority)
• Anyone with leave of the court

When Is an SGO Appropriate?

Consider an SGO When

• The child needs permanence outside their birth family
• Adoption isn't appropriate or desired
• A family member or connected person can provide long-term care
• The child's identity and family connections should be maintained
• The special guardian needs parental responsibility to make decisions

SGO vs Other Options

SGO vs Care Order

An SGO may be preferable when you want the child to have permanence outside the care system, with the special guardian having autonomous decision-making authority.

SGO vs Child Arrangements Order

An SGO gives more security and authority. CAOs are more easily varied and don't give the same level of parental responsibility.

SGO vs Adoption

Consider SGO when the child wants to maintain their legal relationship with birth parents, or when adoption would cause complications (e.g., if the prospective carer is a grandparent who would become the legal parent).

The SGO Assessment

What the Assessment Must Cover

• Prospective guardian's suitability
• Their relationship with the child
• Their understanding of the child's needs
• Their ability to meet those needs long-term
• Impact on existing family members
• Contact and relationship with birth parents
• The child's wishes and feelings
• Support needs and support plan

Assessment Standards

SGO assessments should meet similar standards to fostering and adoption assessments. They must be thorough, consider all relevant factors, and provide a clear analysis of suitability.

Special Guardianship Support

Support Services

Local authorities must have arrangements for providing support services for SGOs, including:

• Financial support (means-tested)
• Support groups
• Advice and information
• Therapeutic support for the child
• Mediation services

The Support Plan

Before the court makes an SGO, a support plan must be prepared setting out:

• What support is needed
• What the local authority will provide
• Financial support arrangements
• How support will be reviewed

Financial Support

• May include regular allowance and/or one-off payments
• Usually means-tested
• Can include costs of contact or legal costs
• Should be reviewed annually

Common Challenges

Contact with Birth Parents

Contact arrangements can be complex. The court may make a contact order alongside the SGO, or leave it to the special guardian's discretion.

Family Dynamics

When a grandparent becomes a special guardian, it changes family dynamics. The parent becomes more like a sibling in terms of authority. This needs careful exploration.

Breakdown Risk

SGO placements can break down, particularly in adolescence. Support plans should anticipate challenges and include access to support when needed.

Birth Parent Opposition

Parents may oppose the SGO. The court must consider their Article 8 rights, but the child's welfare is paramount.

SGOs in Care Proceedings

SGOs often arise as an option during care proceedings:

• Family members may come forward as potential special guardians
• The local authority must consider family options before foster care or adoption
• Assessment may be directed by the court
• The SGO may be made at the end of proceedings as an alternative to a care order

After the SGO is Made

Local Authority Role

• Provide agreed support services
• Review support arrangements
• Respond to requests for support
• No ongoing involvement unless support is being provided

Special Guardian Responsibilities

• Make day-to-day decisions about the child's care
• Manage contact with birth parents (unless there's a contact order)
• Get consent from birth parents for major decisions (e.g., name change, taking child abroad for extended period)

Conclusion

Special Guardianship Orders provide an important permanence option for children who cannot live with their birth parents. They give children stability and security while maintaining their legal identity and family connections. Thorough assessment, realistic support planning, and good preparation of special guardians are essential for successful placements.