Following a previous discussion on the legal effect of Special Guardianship Orders, this blog explores what the Local Authority considers when carrying out an assessment for guardianship of a child under an Special Guardianship Order. The assessment process is a crucial step in determining the suitability of individuals applying for special guardianship.

Before the Court appoints a special guardian – whether for family guardianship, grandparent guardianship, or another form of care arrangement, it must consider a detailed report assessing the suitability of the proposed guardian.

This report is essential for the Court to decide whether to make a Special Guardianship Order and place a court guardian for the child.

The Special Guardianship Order Regulations 2005 provide a lengthy list of matters which the Local Authority is required to report on before an SGO can be made. These include:

  • Basic details about name, date of birth, address and background
  • Details of any current or previous marriage or civil partnership or cohabiting relationship
  • If the proposed special guardians are in a relationship, an assessment of their relationship
  • The current relationship with the child/ren concerned
  • A health history
  • Details of how the proposed special guardian relates to adults and children
  • Previous parenting experience
  • Details of income and expenditure
  • Details of other members of the household
  • Details of any other child of the proposed special guardian, even if they are not part of the household
  • The views of other household members about the application
  • A health history
  • Employment history
  • Details of any other involvement in family court proceedings
  • Reasons for making the application
  • Hopes and expectations for the child/children’s future
  • Wishes and feelings about the child/children’s contact with parents

The Local Authority will also carry out criminal record checks (often called DBS checks). They have to talk to referees who have known the special guardians for a long time and a medical assessment will be carried out by a GP.

So you can see this is a huge piece of work! It will generally mean around 6-10 meetings with social workers and can feel quite intrusive. Bear in mind that the process is designed to ensure that a really comprehensive assessment is carried out before the Court makes a decision to place a child with special guardians.

Disclaimer: The content in this blog post is for informational purposes only and should not be seen as formal legal advice. King Street Solicitors is not responsible for any reliance on the information in this post. We do not take responsibility for the content of any external websites linked in the post. Any link to a third-party website should not be seen as an endorsement by King Street Solicitors.