Revoking SGO

[Strong_Egg77]

I have an sgo for a family member, they’ve been with me for 11years but we haven’t had a relationship for years. They constantly lie and steal from me. I contacted SS and said I want to put them in foster care but they said they don’t fit the criteria and I will need to revoke the sgo but if I did it now it wouldn’t look good on me because I’ve had no support from SS so I agreed to their help. We’ve been working with SS for 6months nothings changed.

The child’s mother wants them back but they don’t have a good relationship. The child has been seeing their mum on and off their whole life (the child is 12yrs old) but they don’t have a bond and the child doesn’t want to live with her, or me, and told SS they want to go to foster care.

I’ve been told by SS I have to revoke the sgo asap and it costs £255 but I’m unemployed and can’t pay it. A solicitor told me I probably wouldn’t be entitled to legal aid and to ask the Local authority to pay, they have refused to pay as they say it’s me that doesn’t want her in my care they are just supporting us to repair the relationship.

I want to know if the child does go into foster care do I still need to revoke the sgo? Do I need a Solicitor? If not, how do I get the form to discharge it?

[Robin D]

Hi @Strong_Egg77 and welcome aboard.

We have had a very similar thread recently. You may find it useful to read through that and then post back with any further questions you have. viewtopic.php?p=32110&hilit=cancel+sgo#p32110

The situation you find yourself in is extremely difficult for you, and indeed, I suspect, for the child. You have our sympothy. One of the many we adopted ended up in care at 14 after he repeatedly attacked us and the police were called time and time again. He is now almost 30 and we have a good relationship.

[Suzie, FRG Adviser]

I have an sgo for a family member, they’ve been with me for 11years but we haven’t had a relationship for years. They constantly lie and steal from me. I contacted SS and said I want to put them in foster care but they said they don’t fit the criteria and I will need to revoke the sgo but if I did it now it wouldn’t look good on me because I’ve had no support from SS so I agreed to their help. We’ve been working with SS for 6months nothings changed.

The child’s mother wants them back but they don’t have a good relationship. The child has been seeing their mum on and off their whole life (the child is 12yrs old) but they don’t have a bond and the child doesn’t want to live with her, or me, and told SS they want to go to foster care.

I’ve been told by SS I have to revoke the sgo asap and it costs £255 but I’m unemployed and can’t pay it. A solicitor told me I probably wouldn’t be entitled to legal aid and to ask the Local authority to pay, they have refused to pay as they say it’s me that doesn’t want her in my care they are just supporting us to repair the relationship.

I want to know if the child does go into foster care do I still need to revoke the sgo? Do I need a Solicitor? If not, how do I get the form to discharge it?

Dear Strong_Egg77

Welcome to the kinship care discussion forum and thank you for your post.

My name is Suzie, and I am the online adviser at Family Rights Group. I am sorry that you are having difficulties with the child for whom you are caring under a special guardianship order.

It must have been a very hard decision for you to make to discharge the special guardianship order which you have reached due to lack of support from your local authority children’s social care services.

You mention that the child who is 12 years old steals from you and tells lies. Have you considered whether the child is experiencing any external pressure from others to get money, and she does this to keep herself safe and consequently lies to you about her actions. This may be something that you have already explored. Children can sometimes be exploited by others older than they are to do things which could be criminal acts. If you think this may be a possibility, I suggest you contact Ivison they for support and advice where a may be in this kind of situation.

Here is information about child in need and s.20 voluntary arrangements

Whatever the reason for the child’s behaviour children’s services has a responsibility to children in their area who are in need. You have been told that the child does not meet their criteria, have they provided you with a copy of their policy/criteria. What assessment did they do to reach their conclusion and did they inform you about the assessment. Were you provided with a copy of the assessment report? You could make a formal complaint to children’s services regarding the lack of support and how the case has been handled. Here is information relating to complaints

You are the child’s special guardian which means you can make a formal request that children’s services agree to a section 20 voluntary arrangement for her, if you are unable to provide her with a home, for whatever reason, or where there are serious relationship difficulties. Please see HERE for a fuller explanation of what is involved when a person with parental responsibly requests that children’s services provide a child with somewhere to live so that they become looked after under a voluntary arrangement.

If your decision is that the order must be discharged in the child’s best interests as you cannot no longer offer safe care then, you would apply to the court to discharge the special guardianship order (SGO). you will need to complete a form C1 which is available on the court service’s website. As you are a special guardian you will not need to seek leave (permission) from the court to apply. There is a fee payable £255, as you say, but if you are on a low income or benefits you can apply for fee exemption by completing form EX160. You do not have to have a solicitor.

You may be able to get further advice from Child Law Advice on 0300 330 5480. They offer advice about private family law matters and your application to discharge the SGO comes under private family law proceedings. If you intend to represent yourself, you may also find it helpful to contact the service Support through Court on 0300 081 0006

I hope this is helpful.

Best wishes

Suzie