Special Guardianship (SGO) is a legal order which may be granted to a family member or friend, making the named person the legal guardian of the child.
This order lasts until the child turns 18 years of age and allows you to make day-to-day decisions without agreement from the parent or us.
There are no social worker visits, no formal meetings, reviews or assessments and allows families to live independently whilst still accessing support when needed.
There are times when applications to the court can be made for a special guardianship order without our involvement. The person intending to make a private special guardianship order (SGO) application must give the local authority three months' written notice of their intention to apply to the court. This allows the local authority time to undertake an assessment and prepare the report required by the court. In most cases, we will already be involved because there are worries about the safety of a child in their parent’s care.
There are other instances where an SGO can be applied for:
- the child may already be in care, and their foster carer or another relative/friend applies for an order to provide a long-term home which reflects ‘family life’ without lots of professionals involved
- relatives may also apply for an order after the child has lived with them for at least one year for whatever reason this has happened
- sometimes, there are planned or unexpected reasons for applying, such as after the death of the parents, or in line with a prior agreement between the parents and the carer
Once an order is granted, parental responsibility is shared between the special guardian, the child’s parents, and anyone else who holds PR for the child.
A social worker will carry out a special guardianship assessment with you to consider if you are able to safely care for the child and meet their needs for the rest of their childhood. This assessment will take around 12 weeks.
It covers:
- your own childhood
- your relationship history, including speaking to ex-partners
- your parenting experience
- speaking to personal references
- your employer
- your own children
- your accommodation and assessing your finances
A Judge will have a copy of your assessment and consider all options to make the final decision about where the child should live.
Support plans will be discussed with you during the assessment. This plan outlines the support needs of both the child and the carer, along with our commitment to meeting those needs.
As a special guardian, you can claim child benefit and child tax credit if eligible.
If a child was in care before the SGO, then a 2-year transitional allowance is made. Financial support after this would be means tested. There are exceptional circumstances where a bespoke package of financial support can be provided and will be explored within any assessment and development of a support plan. Any allowances provided are subject to an annual review. If necessary, to meet the individual needs of the child, one-off grants and financial support may also be available.
Support for special guardians - what to expect
Advice and support
Access to:
- specialist kinship workers or family workers
- ongoing advice and guidance
- support groups and peer networks
- mockingbird support. This is a group of fostering households, known as a constellation, that are linked together and supported by a central home hub foster carer
- where available, special guardianship duty service (Monday to Friday)
- children’s out of hours advice
Children in an SG arrangement can access direct therapeutic support and intervention funded through the adoption, special guardianship support fund (ASGSF).
Training
Access to specialist SGO training, parenting programmes, therapeutic parenting programmes.
Financial support
Financial support should be payable in accordance with the regulations to help secure a special guardianship arrangement.
Transitional payments will be made for 2 years if a child was in care through a fostering arrangement prior to the making of an SGO. After which any financial support will be means tested.
We know that all situations are unique and there are exceptions where an SG allowance and on-going financial support can be considered.
One-off financial support can be considered.
Any on-going financial support will be reviewed annually.
Education support for children living in an SG arrangement
Children who were previously in care and are now living under a SGO are entitled to additional educational support as previously looked after children. This includes priority in school admissions, pupil premium plus funding and advice and guidance from Dorset virtual school.
Dorset virtual school can work with schools, special guardians and other professionals to help remove barriers to learning, improve attendance and attainment, support school transitions and promote positive educational outcomes. Children with special educational needs and disabilities (SEND) continue to have the same rights to assessment, support and education provision as all other children.
Children who were previously in care and are now living under a SGO are entitled to additional support as previously looked after children.
Where a child has previously met the legal criteria for leaving care support, they may also be entitled to services available through our care leaver local offer, including:
- support with education
- employment
- training
- accommodation
- access to a personal adviser
Entitlements will depend on the child's individual care history and legal status.
Additional support
Additional support can be accessed through community and family support services.