SGO Query

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ied53
Posts: 2122
Joined: Fri Aug 18, 2006 11:26 pm

SGO Query

Postby ied53 » Sat Dec 16, 2017 8:18 am

Asking for a friend please if a child under an SGO at the age of 16 decides to go and live with a Parent what options are there for the Special Guardian. ( Not a mutual decision and know it will not be a fairytale ending)
1. not a lot you can do about it as age of consent
2.Fetch the child back
3. Hope the child comes back
4.Have the SGO enforced and the child brought back
5. Apply to discharge the SGO to relinquish responsibility
Anything else ?
Irene
Grandparent carer in Lincolnshire
Tough times never last tough people do

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Suzie, FRG Adviser
Posts: 469
Joined: Thu Jul 28, 2011 11:25 am

Re: SGO Query

Postby Suzie, FRG Adviser » Mon Dec 18, 2017 2:45 pm

Dear ied53

Thank you for you post on behalf of a friend.

As your friend has a special guardianship order her or she would be entitled to insist on the child returning to their home. It might be helpful to include children’s services so that they can have an input in assessing the parent to see if it would be an appropriate placement for the child to be reunited with parent.

Due to the child’s age his or her wishes and feeling will be considered in any decision as to where the child should live. Although aged 16 the child remains a child and the special guardian still has parental responsibility. If the special guardian does not support the child being with the parent, then the best way would be to take the matter to court asking that the parent returns child to the special guardian. It will then be for the court to make a decision based on reports and other evidence.

The special guardian could leave it for a while for the child to decide whether the move to parent was all he or she had hoped. The child might decide that being with the special guardian is the preferred option after all.

It is of course open to the special guardian to apply to discharge the special guardianship order so as to end parental responsibility. However, if there is a hope that the child may return this might be an option of last resort. The special guardian will need to decide how long the child will be given before making an application.

Are there any issues with the special guardian and the child that has led to child wishing to leave? Does the child have any behavioural issues or considered to be beyond parental control from the special guardian’s view of the situation.

As stated above, the special guardian can seek advice and support from children’s services about this situation. This would give the special guardian an opportunity to explore any concerns regarding the child living with the parent.

If the child had gone to children’s services and asked to be accommodated as a 16 year old then they would have to consider this irrespective of the parents’ or other person with parental responsibility wishes. In a sense, therefore, a 16 year old is able to make a choice about where to live.

I suggest that your friend read our advice sheets 19 and 20, copies of which are included for more information about special guardianship and what it means for birth parents. Advice sheet 19 refers to an application for special guardianship order but also covers lots of details about special guardianship.

It is of course open to the special guardian to apply to discharge the special guardianship order so as to end parental responsibility. However, if there is a hope that the child may return this might be an option of last resort. The special guardian will need to decide how long the child will be given before making an application.

If your friend wishes to speak to an adviser I suggest he or she telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3pm Monday to Friday (except Bank Holidays).

Hope this is helpful.

Best wishes

Suzie

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ied53
Posts: 2122
Joined: Fri Aug 18, 2006 11:26 pm

Re: SGO Query

Postby ied53 » Mon Dec 18, 2017 8:28 pm

Thank you
Irene

Grandparent carer in Lincolnshire

Tough times never last tough people do


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