My grandson is 6 yrs old. His father died (our son) in an accident when he was only 5months old. We did not know his mother well and we were surprised are son had got involved with her, while going through a separation from his wife. Our fears for her capability to care for our grandson and another child from her previous marriage were well founded.
A year later our grandson was removed due to having three broken bones in his body and various other reasons. he was placed with us as kinship foster parents by the local SS and both children were on a full care order. This resulted in family court and criminal proceedings. She was found, with her new partner were found guilty of cruelty and neglect. They were both put on probation for two years.He was with us for 18 months then a process of returning to mum took place when he was three.Things have not run smoothly since SS withdrew completely , but never enough for them to get involved again until 3 weeks ago. Both children have been removed. The girl has gone to her father and our Gson to us. All family members on both sides to not want the children to go back to the mother and SS are getting case meetings in place for next week and a visit to our home too. They have asked if we have taken an legal advice, I have said we want to apply for a RO or SGO. But I know we would really need their support to be successful. But I am unsure what one to go for.
We would never want contact with his mother and half sister to stop, and I have had a good relationship with both. Especially mum, trying to help and support as much as I could. Can you advise me the best way to proceed with this.
Many thanks.
RO or SGO for grandson
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David Roth
- Posts: 2021
- Joined: Thu Aug 10, 2006 11:14 am
Re: RO or SGO for grandson
There are important differences and important similarities between RO and SGO.
Both give you parental responsibility for the child, but do not take it away from the parents or other people who have it already. In both instances, you acquire the PR until the child reaches 18.
However, special guardianship gives you the right to exercise parental responsibility to the exclusion of all others. In other words, you do not need to consult or get the agreement of the parents about the decisions you make about the child. Of course, there would be nothing to stop you from consulting them if you wanted them to still have some involvement in their child growing up, but you wouldn't be required to listen to their views.
In my experience, people have preferred RO where it is easy to come to an agreement with the parents about the child. However, SGO is usually a better option if you have to be clear about who is responsible for making the decisions.
There is also a difference in the length of time you can take the child out the country without getting the parents' permission: with RO this is 28 days, with SGO it is 3 months.
However, one of the most important differences lies in the support from the local authority. People with RO can get a RO allowance, but there are no government guidance or regulations to say how much this should be or what other support you could get. It is entirely up to the local authority whether they pay it or not, and how much. With SGO, you can request when you make your application that the local authority assess your need for financial and other support, and if the child is 'looked after' before the order is made then the local authority has to do the assessment (they might not provide the finance and support, but they will have to explain to the judge why not). There are government guidance and regulations that state what sort of support local authorities should provide for special guardians. Not all special guardians receive the support they need, but our research has showed that you are more likely to get local authority support with an SGO than with RO.
Local authorities do often strongly suggest RO rather than SGO, because it will cost them less. However, I would suggest that you consider which order will ensure your grandson and you will get the support you need. It is possible to apply for either order without local authority support. Our Advice Sheets 18 and 19 take you through how to make an application without legal representation: http://www.frg.org.uk/need-help-or-advice/advice-sheets
Both give you parental responsibility for the child, but do not take it away from the parents or other people who have it already. In both instances, you acquire the PR until the child reaches 18.
However, special guardianship gives you the right to exercise parental responsibility to the exclusion of all others. In other words, you do not need to consult or get the agreement of the parents about the decisions you make about the child. Of course, there would be nothing to stop you from consulting them if you wanted them to still have some involvement in their child growing up, but you wouldn't be required to listen to their views.
In my experience, people have preferred RO where it is easy to come to an agreement with the parents about the child. However, SGO is usually a better option if you have to be clear about who is responsible for making the decisions.
There is also a difference in the length of time you can take the child out the country without getting the parents' permission: with RO this is 28 days, with SGO it is 3 months.
However, one of the most important differences lies in the support from the local authority. People with RO can get a RO allowance, but there are no government guidance or regulations to say how much this should be or what other support you could get. It is entirely up to the local authority whether they pay it or not, and how much. With SGO, you can request when you make your application that the local authority assess your need for financial and other support, and if the child is 'looked after' before the order is made then the local authority has to do the assessment (they might not provide the finance and support, but they will have to explain to the judge why not). There are government guidance and regulations that state what sort of support local authorities should provide for special guardians. Not all special guardians receive the support they need, but our research has showed that you are more likely to get local authority support with an SGO than with RO.
Local authorities do often strongly suggest RO rather than SGO, because it will cost them less. However, I would suggest that you consider which order will ensure your grandson and you will get the support you need. It is possible to apply for either order without local authority support. Our Advice Sheets 18 and 19 take you through how to make an application without legal representation: http://www.frg.org.uk/need-help-or-advice/advice-sheets
David Roth
FRG Policy Adviser
FRG Policy Adviser
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