"What is it like to be a Special Guardian?"

"What is it like to be a Special Guardian?"

Special Guardianship Orders

"What is it like to be a Special Guardian?"

Special Guardianship Orders place a legal right for a child(ren) to live with someone other than their birth parent(s) on a long-term basis, usually with an extended family member or carer who has had the child(ren) in their care for some time. The person who the child(ren) live with is known as the Special Guardian.  A Special Guardian can either be a sole person or a joint application – there is no requirement that you have to be married to make a joint application; for instance a grandmother and her partner could apply for a Special Guardianship Order over the grandmother`s grandson.

The Order grants parental responsibility to the Special Guardian to allow that person to make the day to day decision on caring for the child(ren) that is placed in their care, to the exclusion of all others with parental responsibility (ie birth parents) other than that of the other Special Guardian (if another was appointed by the Court).

This means that in practice birth parents are still involved with the child(ren) as they retain their parental responsibility, but for example, if there is a dispute over where the child should go to school, then whilst the birth parents would have a say in the decision making, the Special Guardian would have the final decision making power.  

"But what does this feel like for the Special Guardian and how does this impact them?"

Kinship has looked closely at how becoming a Special Guardian affects not only the child(ren), but also how it impacts the Special Guardian. Kinship is the leading kinship care charity in England and Wales who strive to assist those offering kinship care to children. To offer unique insight into Special Guardianship,  Kinship have published a 37 minute video ‘The First Day of Forever’  on their website, interviewing and discussing this very topic with people who have been through the process of becoming a Special Guardian. The video provides an honest and clear view, from the people who have experienced the process firsthand as to what the impact of becoming a Special Guardian means on the ground. 

For anyone currently going through the assessment process to become a Special Guardian, or who is considering whether they wish to be assessed, the video is a great starting point.

If you find yourself in a situation where you are being assessed as a Special Guardian, or are currently caring for a child(ren) and are thinking of becoming a Special Guardian, please do not hesitate to contact our kind, understanding and helpful family team who specialise in Special Guardianships and who can advise, assist and guide you through the legal process.

Resources: Special Guardianship Orders - Kinship - The kinship care charity

 

Charley Kelly
Charley Kelly, Family Solicitor

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