SGO .. Can it be discharged by carers?

jumpingthroughhoops
Posts: 5
Joined: Tue May 05, 2015 3:26 pm

SGO .. Can it be discharged by carers?

Postby jumpingthroughhoops » Mon Dec 07, 2015 6:50 pm

Hello.
I've a question about SGO, but not about parents getting it reversed.
My situation. Am about to go to court to get the order for my nieces, they've lived with me for a tear and are currently LAC. And just to be clear I expect they'll remain with me forever.
BUT what if, in 2 or 3 years, parents have sorted themselves out and proven that they've changed AND had regular positive contact with children Inc overnight AND children want to live with there parents.... Although such a situation is unlikely, and I wouldn't want the children to go back, if it was for the best could I revoke the SGO? This seems to be the one question I cannot find asked..

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ied53
Posts: 2110
Joined: Fri Aug 18, 2006 11:26 pm

Re: SGO .. Can it be discharged by carers?

Postby ied53 » Mon Dec 07, 2015 9:11 pm

Yes you would need to take it back to court and any other SG ( if there is one) would need to agree. However the bp would need to demonstrate sustained "good behaviour" over a period of years and probably be assessed. To ensure safety. By then the child/ren would be well settled and it may not be the best thing for them. It also would depend on the terms of SGO if contact must be supervised etc.
Irene
Grandparent carer in Lincolnshire
Tough times never last tough people do

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Suzie, FRG Adviser
Posts: 442
Joined: Thu Jul 28, 2011 11:25 am

Re: SGO .. Can it be discharged by carers?

Postby Suzie, FRG Adviser » Wed Dec 09, 2015 5:32 pm

Dear jumpingthroughhoops

Thank you for your post.

Ied53 has given you a clear response to your question. It is possible for you to apply to the court to discharge a Special Guardianship Order.

Any application to discharge the order would mean the court’s paramount consideration is the welfare of the children. It is not known what the children’s ages are at the moment but if very young in 2 or 3 years they would still be young.

Were you to consider that it is in the children’s interest to be with their birth
parents then you could work with them in giving extensive contact and then it would be for them to make the decision that they want the children to return to their care. It will always what is best for the children that will be the deciding factor.

Are the children subject to a care order or interim care order at present? Children Services will want to be sure that the placement is a permanent one for the children. If you are asking about discharging it they could start to wonder if you are committed for the long haul. You have said that you are and having been looking after your nieces for a year so try not to give any room for them to have doubts about your intentions.

I hope you will once you have the order have long and enjoyable time caring for your nieces. I have included a copy of our advice sheet here regarding Special Guardianship and what is means for birth parents for your information.

Should you wish to speak to an Adviser, please do telephone our advice line on 0808 801 0366. The line is open from 9.30 a.m. to 3.00 p.m. Monday to Friday.

Best wishes,

Suzie


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