Special Guardianship Order Changes – July 2020

Special Guardianship Orders were introduced in 2005 and since that time the court has seen an increase in their use. They are seen as an alternative to providing permanence for children rather than the use of Adoption Orders.

A Special Guardianship Order enables the Special Guardian to exercise parental responsibility to the exclusion of others.

The Courts primary concern, when considering an application for a Special Guardianship Order, is the best outcome for the child and to provide for his or her welfare and protection. The Court’s duty is to make a decision as to the appropriate provision for the long term care for a child where this cannot be achieved by the child’s parents. A Special Guardianship Order is a serious matter as this is a means of achieving a long term arrangement for a child supported by an appropriate legal order linked with an appropriate support plan.

Changes to Special Guardianship Orders – A Need For Change And Why?

The President of the Family Division recognised that there was a need for best practice guidance as professionals struggled to complete care proceedings which included a Special Guardianship Order within the 26 weeks timescales.

Of course, not all Special Guardianship Orders are made within care proceedings but the guidance is to be used whether in care or private law proceedings. The President of the Family Division recognised that Special Guardians were not afforded the same level of support and training as foster carers or potential adopters – yet they were being asked to look after a child throughout its minority. This recognition has led to a series of recommendations being issued by the working group as to best practice. The report of the working group and recommendations was issued on the 15^th June 2020.

What Does The New Guidance Suggest As Best Practice?

Recommendations for immediate change:

1. more robust and more comprehensive special guardianship assessments and special guardianship support plans, including a renewed emphasis on (1) the child-special guardian relationship,(2) special guardians caring for children on an interim basis pre-final decision and (3) the provision of support services;
2. better preparation and training for special guardians;
3. reduction in the use of supervision orders with special guardianship orders;
4. renewed emphasis on parental contact

The longer term recommendations:

1. on-going review of the statutory framework;
2. further analysis and enquiry into (1) review of the fostering regulations, (2) the possibility of interim special guardianship orders, (3) further duties on local authorities to identify potential carers, (4) the need for greater support for special guardians;
3. a review of public funding for proposed special guardians;
4. effective pre-proceedings work and the use of the FRG’s Initial Family and Friends Care Assessment: A good practice guide(2017).

What Does This Mean To A Prospective Special Guardian?

• More thorough assessments
• More support through training
• More emphasis on managing parental contact between the child and the parents

In the longer term, the recommendations would aim to give the prospective Special Guardians easier access to Legal Aid to facilitate participation in the proceedings.

The possibility of interim Special Guardianship orders to ease the transition for a child form one carer to a longer-term carer. Presently the court cannot grant interim orders for Special Guardianship.

What Is The Aim?

It is to ensure that Special Guardianship placements are more successful and provide the stable care for a child for the rest of his or her minority with parental contact being managed appropriately.

Fiona Moffat
July 2020