As part of our series of blogs, Kathryn Gregory, Consultant in the Family Department talks about a recent development and any consequences it may have.

Concerns about over use of Special Guardianship Orders

Last month the government announced that it would improve the use of special guardianship orders. This is a type of order which is often used where children who are unable to live with their parents are placed long term with extended family members. However there are concerns amongst specialist children lawyers that sometimes these orders are being used inappropriately, for instance with local authorities encouraging family members to apply to the court for a special guardianship order rather than themselves starting care proceedings in cases where there are serious conflicts between family members and where there are substantial disagreements about the plan for the child. This can result, for example, in parents not having access to legal aid for the special guardianship proceedings (whereas they are automatically entitled in care proceedings brought by the local authority), and to children not having representation in the proceedings by a court appointed guardian and specialist solicitor (something which again would always be the case in care proceedings).

The prospect of improvement in the system therefore is welcome, particularly since the latest statistics show that the number of special guardianship orders made has risen significantly over the last 5 years.

If you or a member of your family is contemplating an order or are involved in one being made then please do contact us to assist and advise you.