Special guardianship

Special guardianship

A special guardianship order (SGO) is a private law order made under section 14A(1) of the Children Act 1989 (ChA 1989) that appoints one or more individuals to be a child's special guardian. An SGO confers parental responsibility on the special guardian.

SGO's have been described as a 'half-way house' between residence orders (now a child arrangements order regulating a child's living arrangements), and adoption orders.

An SGO is an alternative to adoption in cases where adoption may not be the best solution for a child who cannot live with their birth parents such as older children in long-term care who might wish to retain some legal ties with their birth families and who don't want to be adopted.

A parent cannot be a special guardian.

The effects of a special guardianship order

A special guardian acquires parental responsibility for the child. Subject to any other order in force relating to the child under ChA 1989 and subject to certain exceptions that are prescribed in ChA 1989 parental responsibility can be exercised by a special guardian to

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Family court judges’ anonymisation reversed by Court of Appeal (Tickle & Summers v BBC and others)

Family analysis: The murder of ten-year-old Sara Sharif by her father and step-mother continues to dominate the UK news. Following her death, journalists (Louise Tickle and Hannah Summers) and major news organisations sought disclosure of documents and information from the historical Children Act 1989 (ChA 1989) proceedings concerning Sara and her siblings, including the relevant judges’ names. Despite the judges involved in those proceedings having made no application in respect of their own anonymity, Mr Justice Williams nonetheless included in his disclosure order a provision that their names were not to be published. The appeals against Williams J’s decision were successful on each of the three grounds advanced. He had lacked jurisdiction to order the judges’ anonymisation and there had been serious procedural irregularities owing to the lack of submissions and evidence on the anonymisation issue. The Court of Appeal also disapproved of the judge’s use of anecdotal material and his own experiences to try to shore up his judgment. Williams J was further criticised for his unfair treatment of the journalists and Channel 4. Publication of the judges’ names has now taken place in accordance with the Court of Appeal’s decision to ensure a short interval of seven days occurred during which time HM Courts and Tribunals Service (HMCTS) was required to put in place any protective measures. David Wilkinson, solicitor at Slater Heelis, examines the issues.

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