Date published: 22nd August 2019

Major report says special guardianship orders have a low rate of breakdown.

The respected Nuffield Family Justice Observatory has looked at all the studies of the outcomes of these orders. They say that only about 5% of children on an SGO return to local authority care within five years of the order being made. 

Unsuccessful outcomes are more likely with older children, those who did not have a relationship with their carer beforehand and hose with behavioural and emotional difficulties.

Hannah Bickley, Deputy Head of Family Law at Broudie Jackson Canter comments:

Special guardianship orders have been with us since 2005 and are a sort of half-way house between an adoption order and a residence (or custody) order.

They are usually made when a child cannot live with their parents, but there is a suitable relative or family friend who can care for them. Lots of grandparents have given children a home in this way. The birth parents are prevented from interfering in the way a child is brought up but is it possible for them to have contact in appropriate cases.

The orders are intended to be permanent. The court’s permission is needed before a parent can seek an order for the return of a child.

Some high-profile cases have highlighted children who have been placed with unsuitable relatives. Some people say the checks and assessments should be done more carefully.

As ever, hard cases make bad law. The report shows how some 95% of children stay out of the care system. So, each case must be carefully considered but the success rate of such orders remains very high.

If you are a relative who is concerned for/wants to take care of a child, please contact our specialist family team you can call us on 0151 282 1700, request a callback at your convenience or message us your enquiry.