SGO and child maintenance

[Lo29]

Hello

Looking for some advice.
We have had an SGO for the last three years. SG son is 16. Always had good contact with mum and mum is now moving to local area and there is a chance he wants to move back in with her. Being 16 does make it more awkward but we would support him and respect his wishes but we really don’t want him to go.
His mum is saying we will have to pay child maintence if he does move back in. Is this right? We will always support him however we can but I’m not sure where we stand on this . I understand we would lose our allowance which is absolutely fine but not sure on this grey area.
Many thanks

[Suzie, FRG Adviser]

Dear Lo29

Welcome to the parents’ discussion board and thank you for your post. My name is Suzie. I am Family Rights Group’s online adviser.

I am sorry to hear about your current dilemma. As you are a connected person and Special Guardian, it would be better for you to post on our specialist Kinship Carers’ board as there you may get advice and support from our kinship carers with similar experiences. I will reply to you here today but do consider posting on the Kinship Carers’ board if you need any further support or advice.

I am sorry there has been a delay responding to your post.

You want to know if you will be liable to pay child maintenance if the young person you are caring for under a Special Guardianship Order (SGO) returns to his mother’s care, as is being considered. His mother has stated that you will need to pay child maintenance.

I am assuming that, as you are a Special Guardian, you are a relative or connected person to the young person, not his parent.

I am attaching a link to the Child Maintenance Service which sets out all the criteria around child maintenance. I would encourage you to contact the Chid Maintenance Service directly for their response.

However, I can clarify that, as a Special Guardian, not a parent:

• You cannot be pursued for child maintenance, only parents can be asked to pay child maintenance.
• In addition, parents remain financially responsible for supporting the child when a special guardianship order is made. The special guardian does not become financially responsible for the child in legal terms.

As the SGO was made three years ago and you are receiving a Special Guardianship allowance, I think children’s services were involved in agreeing the plan for special guardianship. This may have been in response to a risk or harm to the child which resulted in a SGO being agreed.

You will need to notify the Special Guardianship Support Team if the young person leaves your care and returns to live with his mother as this will be a change of circumstances and you will, as you have mentioned, no longer be entitled to an allowance. You may wish to discuss the proposed plan with the Special Guardianship Support Team too so that any potential risks can be explored and if none identified that a reunification plan is drafted. They should also find out the young person’s views .

You and/or the young person’s mother may wish to apply to the court to end the SGO. If it is not ended by the court, you will still have the Special Guardianship Order, parental responsibility and be legally responsible for the young person even if he is living with his mother.

I hope this has been helpful.

Please contact the advice service again if you need further advice. You can post on our kinship carers’ board, call our freephone advcie line on 0808 8010366, Mon to Fri, 9.00 am to 3.00 pm (except bank holidays), use our advice enquiry form or webchat facility.

Best wishes

Suzie