The Children Act 1989 outlines the legal framework for the welfare of children in family proceedings.
One aspect of this legislation is the use of special guardianship orders, referred to as SGOs, which are designed to provide a permanent placement for a child when they cannot live with their birth parents.
SGOs have become increasingly popular in recent years, particularly in cases where a child is placed with a relative or family friend. These orders have a significant impact on kinship care arrangements and can offer both advantages and disadvantages for families involved in private Children Act proceedings.
SGOs are a legal arrangement that places a child with a special guardian who shall be given parental responsibility, by way of a Special Guardianship Court Order, for the child until they turn 18. Special guardians are typically a relative, family friend, or someone with whom the child has a pre-existing relationship.
SGOs are intended to provide a more secure and stable placement than other forms of care, such as fostering or adoption, while still preserving the child’s connections with their birth family.
There are several advantages to SGOs.
First, they offer a permanent placement option for children who cannot live with their birth parents. This provides a sense of stability and security for the child, as they can remain with someone they know and trust.
Second, SGOs allow the special guardian to make important decisions about the child’s upbringing, such as medical treatment, education, and religion. This can be particularly important for children who have specific needs or requirements.
Third, SGOs offer a sense of continuity and stability for the child, as they can continue to have contact with their birth family but are not subject to the same degree of instability that can come with other forms of care, such as frequent moves between foster placements.
However, there are also some potential disadvantages to SGOs.
First, special guardians are often unpaid and may struggle to meet the financial demands of caring for a child long-term. This is a topical issue at present, with media rightfully giving it the recognition it deserves.
Second, SGOs can be challenging for special guardians who may not have had previous parenting experience or may have to balance the demands of caring for a child with work or other responsibilities.
Third, there is the possibility that the child may eventually wish to live with their birth family, and SGOs can make it more difficult to change the child’s placement once the order has been made.
Despite these potential challenges, SGOs have become an increasingly popular option for children who cannot live with their birth parents. This is in part due to the increasing recognition of the importance of kinship care. Kinship care is the term used to describe arrangements where a child is cared for by a relative or someone with whom they have a pre-existing relationship.
Research has shown that kinship care can provide significant benefits for children, including improved outcomes in terms of emotional well-being, academic achievement, and overall development.
In recognition of these benefits, the UK government has made several policy changes to support kinship care arrangements. These include: –
- increased financial support for special guardians
- improved training and support for special guardians
- the introduction of the Family and Friends Care Statutory Guidance.
This guidance provides clear information for families and professionals involved in kinship care arrangements and is designed to ensure that children are placed with the most suitable carer.
In conclusion…….
Special guardianship orders have become an important tool for providing permanent placements for children who cannot live with their birth parents.
While there are some potential challenges associated with SGOs, the benefits of kinship care are increasingly recognised, and the UK government has made significant efforts to support families involved in these arrangements.
SGOs shall undoubtedly continue to play an important role in private Children Act proceedings, particularly in cases where a child is placed with a relative or family friend.
If you need more help or advice on this topic or other children law cases, please call, text or WhatsApp Jemma on 07534 175310 for advice.
Jemma Wentworth is a family lawyer who offers family law services throughout the UK as a Consultant Legal Executive for Ann McCabe Solicitors.