If you’re caring for a child who can no longer live with their parents, you may be unsure what legal steps you need to take to secure their future. A Special Guardianship Order (SGO) could be the answer, but what does this actually mean for you?

A Special Guardianship Order gives a special guardian parental responsibility for a child that is more secure than temporary foster care, for example. Special guardians are able to:

  • Decide where the child lives
  • Make decisions about education, health and religion
  • Provide stability and long-term care

They are usually considered when, for whatever reason, a child can no longer live with their parents, and they are instead living with someone else such as a relative or family friend.

Special guardians could be:

  • A relative of the child – This could be a grandparent, aunt, uncle, or sibling (usually over 18).
  • A person who has a close connection to the child – Such as a family friend who has played a significant role in caring for the child.
  • Current carers of the child – Someone who has been caring for the child (for example, a foster carer) may be considered if they have a strong and established relationship.

SGOs differ from a Child Arrangements Order, in that an SGO gives the guardian the primary authority to make day‑to‑day and long‑term decisions rather than a Child Arrangements Order where parental responsibility is shared equally,

Changes to Legal Aid You Should Know

The legal aid rules for family cases can be complicated, because there are different requirements based on different types of family case.

For people seeking a SGO, legal aid can be available so long as their financial situation is below a certain threshold, which we can assess for you.

Until recently, applicants needed to show evidence of domestic abuse or child protection concerns to get legal aid. Now, anyone meeting the financial eligibility and merit test can access support, meaning more families can get legal advice without worrying about upfront costs.

Are You Eligible for Legal Aid?

If you are considering applying for a Special Guardianship Order, or if a social worker or other professional have advised you to consider making an application, we are happy to chat to you and review your case.  We will look at whether you would be eligible for legal aid based on your financial situation and merit of the case i.e. the court will consider whether granting an SGO will be in the best interests of the child.

If we represent you in the case moving forwards then we would draft an application for the Special Guardianship Order, advise you on the special guardianship assessment that would be carried out, and represent you at court.

How Ison Harrison Can Help

At Ison Harrison we have a dedicated team of experienced legal aid solicitors who can help with all aspects of legal aid family law issues. We are happy to assist you through the entire process from assessing eligibility for legal aid to representing you in court.

Contact our family legal aid team for a free, confidential consultation today on 0113  284 5000, email hello@isonharrison.co.uk or book a callback.