Special Gurdianship Order

Mckenzie friend Special Guardianship Order

Special Guardianship Orders (SGOs)

A Special Guardianship Order (SGO) is made under sections 14A–14F of the Children Act 1989. It gives a special guardian enhanced parental responsibility while preserving the child's legal relationship with their birth family. SGOs are commonly used where a child is cared for by relatives such as grandparents, aunts, uncles, or family friends.

Key principles include:

• The child's welfare is the court's paramount consideration.
• The order is intended to provide long-term stability.
• Birth parents retain parental responsibility, but the special guardian can generally exercise theirs without consulting the parents on day-to-day decisions.
• SGOs are deliberately difficult to discharge once made.

Important SGO authorities include:

• Re F (Children) [2021] EWCA Civ 622 – confirmed that, in rare circumstances, a care order and SGO can coexist.
• M v Worcestershire County Council [2021] EWCA Civ 442 – discusses the high threshold for challenging or discharging an SGO.

• A Special Guardianship Order (SGO) is intended to provide long-term stability, so the court will not change or discharge it simply because circumstances have altered slightly.

  Under section 14D of the Children Act 1989, a parent seeking to discharge an SGO usually needs the court's permission ("leave") first. The court will consider whether there has been a significant change in circumstances since the SGO was made.

  Examples that may amount to a significant change include:

  • A substantial improvement in a parent's ability to care for the child (for example, long-term stability, suitable housing, successful treatment for substance misuse, or resolution of issues that led to the SGO).
  • Serious difficulties in the special guardian's ability to care for the child.
  • A breakdown of the placement.
  • Evidence that the child's welfare is being adversely affected in the current arrangement.
  • Significant and well-established wishes and feelings of an older child who wants a different arrangement.

  The court will then focus on the child's welfare and whether reopening the issue is in the child's best interests.

  If by "child access" you mean asking the court for contact with a child who is subject to a Special Guardianship Order, the court will want to know why the contact would benefit the child, not just why the adult wants it.

  Common reasons put before the court include:

  • Maintaining the child's relationship with a parent.
  • Preserving family identity, culture, religion, or heritage.
  • Supporting the child's emotional well-being and sense of belonging.
  • Allowing the child to have answers about their family history.
  • Rebuilding a relationship where contact has been limited or stopped.
  • Respecting the wishes and feelings of a child who wants contact.

  The court will consider:

  • The child's wishes and feelings (especially if the child is older and mature enough to express a view).
  • Whether contact is safe.
  • The quality of the existing relationship.
  • The effect of contact on the child's stability and welfare.
  • Any risks of emotional or physical harm.

  For example, if a 14- or 15-year-old consistently tells the court, CAFCASS, or a social worker that they want more contact with a parent, those wishes may carry significant weight. However, the court will still decide based on the child's overall welfare.

  If you're considering an application, tell me:

  • Who is seeking contact (parent, grandparent, sibling, etc.)?
  • How old is the child?
  • Is there currently a Special Guardianship Order in place?
  • Has contact been stopped or reduced?

  I can then explain the legal test that would apply to that situation.