There are a number of different circumstances where it may be necessary and beneficial for someone to be appointed a ‘Special Guardian’ for a child. These can range from circumstances where a child is involved in care proceedings and a decision is made that they aren’t able to stay in the care of their birth parents, to circumstances where one or both birth parents aren’t in a child’s life.

Parental responsibility is a key phrase that anyone involved in any kind of children dispute will be familiar with. If you are not a parent to a child you will not have parental responsibility to make important decisions.

The way in which that third party goes about obtaining parental responsibility for a child can be varied including by agreement, Child arrangements order or Special Guardianship order. Increasingly the courts are looking to Special Guardianship orders to provide long term stability for children.

The first step in obtaining a Special Guardianship Order is making the relevant Local Authority for the child aware that this application is happening. This is because the Local Authority then has 3 months from the date of being notified to produce a ‘Special Guardianship Report’. This report will set out the background of the child’s circumstances, look at whether the Local Authority would support the applicants getting a Special Guardianship Order, and also set out what support, whether that be practical or financial, the Special Guardians would be entitled to.

Once the Local Authority are notified, the application to Court itself needs to be made. As a result of not having parental responsibility, there is the further hurdle of the permission of the Court being needed to progress the application. However, in most circumstances where the Local Authority are supporting the application, this does not present a difficulty. It is important to note that anyone who currently have parental responsibility for the child will need to be notified of the application. This can sometimes be daunting for the people applying for the order, but it is a necessary step given that the other persons involvement with the child will be impacted by the order.

An application for a Special Guardianship Order can be opposed by any person who has parental responsibility, and the Court will consider what is in the child’s best interests.  If there is support from the Local Authority this will improve chances of success.

The key points to note in terms of the impact of a Special Guardianship Order are the following:

• The Order gives parental responsibility to those to which it applies, however it does not remove the parental responsibility of anybody else.
• The added benefit of a Special Guardianship Order is that the person(s) named as Special Guardians obtain ‘enhanced parental responsibility’ to the exclusion of the other people with parental responsibility. This in practice means that they are able to make important decisions about a child’s care without needing to seek the consent or permission of anyone else with parental responsibility.. The only exceptions to this are the ability to change a child’s surname or take them to live abroad for more than 3 months. The permission of everyone with parental responsibility is still needed for these decisions.
• A parent who already has parental responsibility is not able to apply for a Special Guardianship Order.
• A Special Guardianship Order lasts until a child is 18, which is why the assessment completed by the Local Authority will consider the ability of the applicants to meet the child’s needs both in the present and in the future.
• It is more difficult for a Special Guardianship Order to be revoked or withdrawn. This can usually only happen if there has been a significant change in circumstances.
• Within the Court proceedings for a Special Guardianship Order the issue of the contact that a child has with their parents can be explored and set out in the order made.

Generally, the court will try and secure the children in the care of their parents if it is safe to do so. However, life is rarely this straightforward, and options such as Special Guardianship Orders are a lifeline both for the third parties who are caring for a child and the child themselves.

If you are seeking legal advice in relation to Special Guardianship or any child law matter you can visit us at www.clarkwillis.com or call your local Clark Willis office on Darlington 01325 281111 or Northallerton 01609 765765.