This is a new concept introduced as part of recent changes in adoption law. It provides an alternative solution where adoption may not be appropriate. Some children may benefit from permanent placement with a long-term carer who may or may not be a member of the extended family.

Special Guardianship

A Special Guardianship Order is an Order whereby one or more individuals are appointed to be a child’s “Special Guardian”.  The effect of a Special Guardianship Order is that while it is in force, a Special Guardian has parental responsibility for the child named in the Order and subject to any other Order in force, a Special Guardian is entitled to exercise parental responsibility to the exclusion of any other person who has parental responsibility for the child (apart from any other Special Guardian).

The idea behind a Special Guardianship Order, which was introduced by the Adoption and Children Act 2002, was to place a child with a non-parent with a degree of permanence which is greater than can be accomplished by a simple Residence Order but is less final than a full adoption. The advantage of special guardianship in a familial setting is that it leaves family relationships in place. A key distinction between adoption and special guardianship is that in the case of special guardianship, parents who have parental responsibility keep that status. However their ability to exercise parental responsibility is subject to that of the Special Guardian and to the exclusion of any other person.

A Special Guardian must be aged 18 years or over and must not be a parent of the child in question.

Every local authority must make arrangements for the provision of Special Guardianship support services within its area to provide counselling, advice and information in relation to special guardianship.