Family Rights Group | Kinship carers’ Forum

Hello,
I have had my Grandson in my care for 10yrs, with an SGO, he is now 13yrs old. He wants to go and live back with his Mam. Although I do not object, if thats what he wants, but I have my reservations around his care and education. He has a diagnosis of Attachment Disorder but has recently been displaying behaviour of Attentive ADHD, picked up by the Speech & Language Therapist. He has the intelect of an 8yr old, and is struggling badly in Secondary school.
Can an SGO be changed to a joint agreement with his Mam and Myself, if he continues to be adamant about this?

Kind regards
J

Dear RJE36

Thank you for your post and welcome to the discussion board. My name is Suzy, I am an online adviser and will be replying to you today.

I am sorry to hear your grandson is struggling at school. This must be a stressful and difficult time for him, and for you. Does he have or have you applied for a Health and Social Care Plan (EHCP) for him? This is an assessment which sets out a child’s needs and how to manage them within the school environment. I have added some further information HERE from IPSEA. They provide information and guidance regarding the process. Further, if your grandson held the status of a ‘looked after child’ you will be able to make an application to the Adoption and special guardianship support fund for therapeutic support. I have added further information and guidance regarding this HERE.

A special guardianship order secures a child’s long-term home with someone who is not their parent. It lasts until the child turns 18. Special guardians gain an enhanced form of parental responsibility. This means they can use their parental responsibility to the exclusion of others. This is explained in section 14C of the Children Act 1989.

A special guardianship order can be bought to an end (‘discharged’). The following people may apply to the Family Court to discharge the order:

• The special guardian
• Any person who has a child arrangements order for the child, which says that the child lives with that person.
• Children’s services, if they have been granted a care order for the child after the special guardianship order was made.

But some need the permission (‘leave’) of the Family Court including:
 The child
 The child’s parents
 A step-parent with parental responsibility for the child
 Anyone else who had parental responsibility for the child immediately before the order was made

You cannot share an SGO with a parent.

The court will only give this permission if it is satisfied that:

• There has been a “significant change of circumstances” since the special guardianship order was made and

• There is a chance that the application to end the order will be successful, and it is in the child’s best interests for the application to be heard.

The court also has power to end the special guardianship order in other family proceedings about the child. The court can do this if this is in their best interests, even if no-one has applied to end the order.

While SGOs are generally intended to last until the child turns 18, life can be unpredictable. They provide a degree of permanency and stability for the children; that is their aim. Various factors might lead to the need for a review, including, Changes in the Child’s Circumstances.

As children grow, their needs, preferences, and relationships may evolve. A child might express a desire for a different living arrangement, particularly as they mature and gain a clearer understanding of their identity and relationships.

I have added a link HERE
to our information and guidance for kinship carers and birth parents.

I hope you find this information helpful. If you would like to talk to an adviser at Family Rights Group about your situation, please call the freephone advice line on 0808 801 0366, Mon to Fri, 9.30 am to 3.00 pm. If you prefer, you can post back, use our advice enquiry form or webchat. Please refer to our website for further information.

Best wishes, Suzie