SGO for my Grandson.

[Heartbroken21]

Hello all,
After a SGO has been granted, am I right in presuming there will be regular Reviews of the situation? To make sure my grandson needs are being met?he is safe? Future planning? As I would hope that a child should be able to live with a parent if at all possible? Maybe thats not the right wording? Sorry I find it hard to explain myself.
But you would hope that social services, would work to returning a child to a parent if at all possible ,if a parent has proved themselves?worked with the local authorities? done everything as asked?.
Would it been considered fair to the child and parent for the L.A to say we want you to complete all this check list,but even if you do by the way we are never going to change our decision in regards to the child living with his parent? As circumstances do change?.

There has been a special guardianship order placed on my grandson, but by the maternal grandparents who we unfortunately don't have a good relationship with. Even though my son has gone above and beyond, and done everything asked of him, social services say they will never change there view and my grandson should stay with the special guardian? Aren't The L.A supposed to regularly review the case making sure the child's needs are being met etc and if at all possible, work with the parent and reunite the child with a parent.?

[Suzie, FRG Adviser]

Dear Heartbroken21
Welcome to the parents’ forum. My name is Suzie, and I will be replying to you today.

I understand that you are seeking some advice on behalf of your son (your grandchild’s father). Your son’s child has been placed with the maternal grandparents under a Special Guardianship order.
You would like to know if the suitability of the Special guardianship order would be reviewed at regular stages and whether children’s services would continue to work with the parent(s) to potentially consider rehabilitation of the child to their care. You do not say how old your grandson is and since when the Special Guardianship order has been in place.

A Special guardianship order is a court order which secures a child’s long-term home with someone who is not their parent. It lasts until the child turns 18. The purpose of a Special guardianship order is to provide a child, who cannot live with their birth parent(s), with long-term stability but without the legal break from their birth families. Special guardianship is an alternative to adoption to allow children to stay connected with their birth families.
The person who the court grants a Special guardianship order to is given an enhanced form of parental responsibility . This means they can use their parental responsibility to the exclusion of others. A special guardianship order does not remove parental responsibility from the child’s birth parents, and the special guardian should consult them in relation to important decisions about the child. Although the special guardian has final say in respect of most decisions. You can read more about special guardianship orders here

Once a special guardianship order has been granted the role of children’s services in the child’s life usually ends, unless for example the court has granted a supervision order alongside the special guardianship order, children's services provides ongoing support to the child under a child in need plan or the special guardian has been awarded some financial support towards the cost of caring for the child. There is no duty towards the birth parent (s) and they would no longer be working with them or assessing them in relation to their capacity to care for the child once the order has been granted by the court. However, children’s services may offer parents of children who are subject to a special guardianship order help and support – this will depend on what the social worker assesses the parent’s needs to be.

Your son might find our Special guardianship information for parents helpful.

The decision to end (or ‘discharge’) a special guardianship order or to make changes (vary) to a care arrangement under a special guardianship order can only be made by a court.
Parents cannot apply to end (or ‘discharge’) a special guardianship order without the permission of the court. They would only get this permission if they could show that there had been a significant change of circumstances since the special guardianship order was made. They would also have to show that it is in the child’s best interests for the order to be discharged.

A Special Guardianship order is a private law order made under the Children Act 1989 and any application to discharge this order would be a private law matter, which unfortunately Family Rights Group is not funded to provide advice about. You may however be able to get private law legal advice from Child Law Advice.

I hope you find this information helpful. There are many ways to contact Family Rights Group if you or your son seek further advice in the future:

• A free telephone advice line open Monday to Friday between 9.30am and 3pm (excluding Bank Holidays) on 0808 801 0366
• Easy-to-follow online information. Features include an A-Z, FAQs, films, ‘top tips’ and legal advice sheets;
• Online forums where families can receive advice, discuss issues, and find support;
• A webchat service where you can message an adviser online, who will help you find information and advice to support you.

Best wishes, Suzie

[Heartbroken21]

Thank you for your reply.
Firstly my Grandson just turned 3 last week.
The final hearing, that the order was made was April 22nd 2024,
It was said social services would stay involved for a further 6 months by way of a child in need plan? Which has included a monthly meeting with social worker, Special Guardian, parents, grand parents, Nursery etc. I think it is also important to say that since the final hearing a new social worker has been given this case (which was requested by all parties involved).
In the court order it gives A list of things my son has to do,which he has completed and new SW satisfied that these requests have been met, and this would then allow my son to seek to discharge the SGO after six months.
So why do the L.A continue to say it is not in there plan or to support, for my grandson to be returned to his dad.? It has been but in the order my sons contact with his son, one day a week and every other weekend this was asked by the barrister, as the maternal family kept cancelling contact and not allowing any of the paternal side to see our Grandson, social services do not have a problem with my grandson seeing his dad or us- just keep saying it is not in there plan for him to be returned to his dad.
It may be an idea to mention that the mother is not allowed to see child un supervised and this would not be changing anytime soon. The new Sw has even said she does not understand the previous SW reasoning or understand why she applied for the SGO- so why don't The LA help getting a child and his dad back together? I don't understand.

[Suzie, FRG Adviser]

Dear Heartbroken21

Thank you for your further post and for providing further information.

Children’s services remain involved with your grandson who is on a child in need plan. This voluntary plan was put in place after the court made a SGO to your grandson’s maternal grandparents in April. It was agreed that the plan would be for 6 months to offer follow up support to your grandson. Unless the special guardians request further support, or your grandson needs extra support it is likely that the plan will end at the end of October. Your son should of course check this out with his son’s social worker. You and your son may find it helpful to read more about child in need plans here.

It is good to hear that your son has taken on board and completed all the tasks that he was recommended to do, and that the social worker acknowledges this. Your son should be commended for this. It shows his commitment to his child.

You are querying why children’s services are not planning or supporting your grandson’s return to his father’s care. This is because the court made a court order in April which allowed for your grandson to remain with his maternal grandparents until he is 18. If your son wants to end the SGO he will need to apply to the court to do so (he must get the court’s permission first). The court will then consider all the relevant factors and make a decision based on your grandson’s welfare.

I understand your point that the new social worker queries why the previous worker recommended special guardianship. However, unfortunately as the court has already made an order your son would need to ask the court to reconsider if this is still in his son’s best interests i.e. by applying to end the SGO. The court could then ask children’s services to do a further assessment and provide their recommendation.

If the Special Guardians agreed that your son should care for his child, then they could apply to end the SGO too.

If your grandson was in kinship foster care under a care order, then the reviewing process would require children’s services to consider at every Looked After Child review if the care order were still in the child’s best interests and whether they should consider reunification with a parent. However, as discussed in my earlier response, when the court makes a SGO children’s services have no ongoing duty to continue to work with the child’s parents or to assess them in relation to their capacity to care for the child.

Please encourage your son to read our advice sheet 2 b) Special Guardianship: information for birth parents as this explains what the order means from a parent’s perspective. It also includes a section on applying to the court to end an SGO and on possible support for parents, from the local authority’s special guardianship support team.

Your son could also consider seeking more regular contact and involvement with his son, if the special guardians agree and if they don’t by asking the court to consider this via a Child Arrangements Order application.

Parents are required to offer mediation to special guardians before applying to court.

I provided a link in my previous response to Child Law Advice as they provide private law advice; your son may also find useful mediation and legal advice or support services here .

I hope this helps.

Please see our kinship carers' discussion board if you want any advice or support as a grandparent. You can also get advice about children’s services via one of the options listed here.

Best wishes

Suzie

[Heartbroken21]

Thank you for your advice, and taking the time to reply.
Much appreciated.