Table of Contents
What is an SGO assessment?
Before the Court makes a special guardianship order (SGO), it is required to consider a report to consider the suitability of the proposed special guardians. The Special Guardianship Order Regulations 2005 provide a lengthy list of matters which the Local Authority is required to report on before an SGO can be made.
What checks are done for SGO?
Initial Screening for a Connected Person Assessment/ Family Assessment.
Is an SGO a looked after child?
Children who were looked after by the local authority immediately before the making of a Special Guardianship Order may qualify for advice and assistance under section 24 Children Act 1989. The child must: have been looked after by a local authority immediately before the making of the Special Guardianship Order.
How long does a special guardian assessment take?
6.2 Special Guardianship applications in care proceedings (See Care and Supervision Proceedings and the Public Law Outline Procedure). Where a full assessment is undertaken, it is to be expected that this will usually require a 3-month time scale. Assessments should be evidence-based and child-focussed.
Can I get my child back after special guardianship?
The child, the guardian or any third party can make an application to the court to have the guardianship reversed. Guardianship agreements can only be reversed by the court who have the power to terminate the agreement. The court will only reverse the agreement where doing so is in the best interests of the child.
Do special guardians get paid?
Foster carers receive a weekly allowance for a child, and may also receive a fee payment. They cease to receive payments under this scheme if they become Special Guardians for a child they have been caring for. Instead they become eligible for ongoing payments.
Can you discharge a SGO?
An SGO may be varied or discharged before the child is 18 either on an application by those categories of applicant specified or on the court’s own motion. Some applicants will require leave of the court to make the application.
Do you get paid to be a special guardian?
What is the process for special guardianship?
Any person making an application for a Special Guardianship Order must give 3 months’ written notice to their local authority of their intention to apply. In relation to a Looked After Child, the notice will go to the local authority looking after the child.
Can a parent discharge an SGO?
Parents who wish to apply to discharge an SGO, in order to recover the care of the child have to obtain the court’s leave (permission). In M’s case, the Court of Appeal decided the judge had not approached the case correctly and they overturned her decision. This means it will have to go back to be reconsidered.
When do I need to file a special guardianship report?
Section 2, Special Guardianship – Matters to be Dealt with in Report to Court, was revised and updated in March 2017 to reflect the enhanced assessment and reporting requirements (for all applications made from 29 February 2016) as set out in the Special Guardianship (Amendment) Regulations 2016. 1. Who may Write the Report
Who is responsible for the care of a child under special guardianship?
The special guardian will have parental responsibility for the child. Subject to any later order, the special guardian may exercise parental responsibility to the exclusion of
When does a special guardianship order come into force?
While a special guardianship order is in force written consent of every person who has parental responsibility for the child or the leave of the court must be given: • to cause the child to be known by a different surname • to remove the child from the United Kingdom for longer than three months 14.
When did Special Guardianship Regulations 2005 come into effect?
These regulations have been revised to amend the Schedule to the Special Guardianship Regulations (2005) (the 2005 Regulations) which prescribes the matters to be dealt with by local authorities in reports they prepare for the court in applications for special guardianship orders.