A Special Guardianship Order is a legal arrangement that grants a person, often a family member or close friend, the legal authority to make decisions about a child’s upbringing and welfare. You can apply for a Special Guardianship Order (SGO) in the United Kingdom if you meet the necessary criteria and believe it’s the best option for the child or children in question.
To apply for an SGO, you typically need to meet certain criteria, including:
- You must be at least 18 years old.
- You should not be the child’s parent unless there are exceptional circumstances.
- You must have the ability to provide a stable and secure home for the child.
- You need to have a good understanding of the child’s needs and be committed to meeting them.
- You must be capable of managing the responsibilities that come with being a special guardian.
The application process for a Special Guardianship Order usually involves filing an application with the family court, which will assess your suitability to become a special guardian. The court will consider the child’s best interests when making a decision.
Applying for a Special Guardianship Order (SGO) in the United Kingdom involves a legal process that allows someone to become the special guardian of a child. Special Guardianship Orders are typically used when it’s in the best interest of the child to live with someone other than their birth parents. Here are the general steps to apply for a Special Guardianship Order:
1. Ensure that you meet the eligibility criteria to apply for an SGO. The court will consider whether an SGO is in the best interest of the child. Typically, this is considered when a child cannot live with their birth parents but should maintain a close relationship with them.
2. Attend Mediation (if required): In some cases, you may be required to attend mediation with the local authority or other parties involved in the child’s life to attempt to reach an agreement regarding the SGO.
3. Pre-application Assessment: Contact your local authority’s children’s services department or social services to request a pre-application assessment. This assessment will evaluate your suitability to be a special guardian and the child’s needs. It will also include a background check, financial assessment, and reference checks. You should contact the relevant Local Authority in writing to request the SGO assessment be done. This is known as the letter of intent. The Local Authority should complete the report within 12 weeks from receipt of your letter.
4. Obtain Consent: If the child’s parents agree with your application for an SGO, they can provide written consent. If they do not consent, you may still apply, and the court will consider all of the circumstances, the recommendations of the Local Authority and what is in the child’s best interests.
5. Prepare an SGO Application: prepare the necessary application forms and supporting documents. These forms are typically available from the court, or you can download them from the UK government website. You will need to include details about the child, your relationship to the child, and reasons for seeking an SGO. FLPS can help you prepare these documents.
6. Submit the completed application forms to the family court that covers the area where the child currently lives. Pay the required court fees if applicable.
The court will review your application and may schedule hearings to consider your case. The court will take into account the child’s best interests, the views of the child (if old enough), and other relevant factors.
7. Special Guardianship Order Hearing: If the court decides to proceed with the application, they will schedule a special guardianship order hearing. During this hearing, you will present your case, and any interested parties can also present their views. The court will make a decision based on the evidence presented.
8. Receive the Special Guardianship Order: If the court grants the SGO, you will receive the order, which outlines your rights and responsibilities as a special guardian. This order will allow you to make decisions for the child, including decisions about their education and medical care.
Special Guardianship Orders can have a significant and lasting impact on the child’s life, so it’s essential to proceed with care and consideration of the child’s best interests. Taking on the responsibility of a child that is not biologically yours is a big decision and you must be fully committed for the lifetime of the child. The procedure and paperwork can seem overwhelming and confusing. FLPS can help support you through the application process.
We are here to help every step of the way.