Sometimes children are not able to remain living with their birth parents for a range of reasons. In these circumstances it is important to consider the legal basis upon which the child is living with their long term carers, and ensure that they have the necessary legal powers to make decisions for the child living with them.
Special Guardianship Orders (SGO) are often made in circumstances where children are living permanently with members of extended family or friends of their birth family. If a SGO is made then birth parents still retain Parental Responsibility (PR), but the holder of an SGO will have higher status Parental Responsibility and will be able to make decisions for the child without the agreement of the birth parents if necessary.
Adoption is usually the route taken when children are placed outside of their birth family and Adoption Orders are more frequently made for younger children. When an Adoption Order is made it will end the Parental Responsibility of the birth parents or anyone else that holds PR at the time the Order is made with the exception of step-parent Adoptions, when the partner of the applicant (and birth parent of the child) will keep PR.
When an Adoption Order or Special Guardianship Order is made there may be a support plan for the child and carers which details the support that will be provided by the Local Authority that assessed the placement. It is important to ensure that the future support that will be provided will meet the needs of the child and the carers, and to discuss this further with the Local Authority if you have any concerns.
Children’s needs change over time and if you are Special Guardians or Adopters you may feel that your child needs further support. The placing Local Authority has a duty to provide you and your child with support for the first three years of the placement, following which it is the responsibility of the Local Authority in which you live to provide support. We can assist you in accessing further support and our solicitors have experience of obtaining additional support for children with special needs, including Education Health and Care Plans (EHCP).
If you are considering making this type of application then we suggest you contact us on 01632 960214 to discuss your options and make sure you are fully prepared