How to revoke an SGO

[QuestionMark]

Hello Suzie,

Having read back through your first responses, I can see that “even if there is a court order in place”, if the SGO holders believe I’ve made and sustained the significant changes required, then they are within their rights to make whatever changes they see fit to contact?

[DesperateMumx2]

My boys have been in foster care since June 2019. I had court this week where I was fighting to get them home.
The foster carers applied for a SGO for both boys which I appreciated as was worried about my b9ys being split up and even being adopted.
I went there on the first day and said I wouldn't be contesting local authority, I understood I hadn't made any significant changes for the judge to give my boys back to me mainly alcohol and cocaine use. I also had the violent ex partner over my house a few months beforehand which resulted in me ending up in hospital!
The carers were granted an SGO. It's now time for me to wake up and sort my mentality and my life to be a better person and mum to get my boys home.
What steps can I take to show I'm making significant changes, obviously I need to leave alcohol/drugs alone. Is there any more steps I can take, and how long before I can apply to revoke the order As I'm desperate to get them home.

[Suzie, FRG Adviser]

Dear DesperateMumx2

Welcome to FRG’s parents discussion board and thank you for your post. My name is Suzie, FRG’s online adviser. I am sorry to hear about the difficulties that you and your family have experienced. I am also sorry for the delay in replying to your post.

Your sons are living with their former foster carers who are now their special guardians; I think from your post the court order was only made very recently. The order is expected to last until they are 18 in order to give them stability but in some situations, it can be ended. You would first need the court’s permission to apply to end the order – this is only granted if you prove a significant change of circumstances since the Special Guardianship Order was made and that it is in the children’s best interests. You don’t say how old your boys are; this could be a relevant factor when considering their needs.

You are very determined to make the necessary changes and are aiming to apply to have the boys returned home. It is very good that you are so motivated to deal with difficulties you have experienced such as drugs and alcohol.

You want to know how you would be able to show that you had made these changes. First of all, you could check what the court papers in the care and later special guardianship proceedings recommended.

I think it would be a good idea to engage with a specialist drug and alcohol service to get whatever help and support you need and perhaps to consider counselling if that would also help you. You have also been the victim of domestic violence from an ex-partner which resulted in you being hospitalised. If you haven’t had domestic violence support or advocacy up to now that would also be a good idea. If there is a Women’s Centre locally that could be a good place to start. Here is some information about organisations where you may be able to get support and advice.

You don’t mention what the current contact arrangements are but I hope that you are getting to see your sons regularly and that this is a positive experience. It is best if you and the special guardians are able to communicate and work together for the boys’ sake but if this is difficult you can ask children’s services for support around this including mediation.

Here is our advice sheet for parents on Special Guardianship which has lots of helpful information.

Perhaps another parent will add some further advice from their experience and perspective?

I hope this is helpful.

If you have any new queries please do post again or if you prefer to speak to an adviser contact our freephone helpline 0808 8010366 – it is open from Mon to Fri 9.30 am to 3.00 pm.

With best wishes

Suzie

[Angelrose04]

I want to revoke an SGO for my 3 children who are with there paternal grandmother. I was in a domestic violent relationship with the children's father and it is his mother they reside with, i have made significant changes my life and want my children home. Is it difficult to get legal aid to help with court costs and also is it difficult to have the SGO revoked? I know if my children had the option of coming home to me they would in a heart beat would this go better for me do the children have an input to what they want? Thanks

[Suzie, FRG Adviser]

Dear Angelrose04

Welcome to our Board and thank you for your post.

You ask if it is difficult to get a Special Guardianship Order revoked and whether you can get legal aid.

You say you have made significant changes to your life since the order was made and to prove this you will have to go back into court and demonstrate or prove it to a judge, be positive about all you have achieved and say how far you have come since the order was made. You will need the permission from a court to make the application to discharge the SGO and may need a solicitor to do so.

Our advice sheet Special Guardianship: what does it mean for birth parents? tells you something about what SGOs mean for birth parents and here is a link to Civil Legal Advice to find out whether you are eligible for legal aid. You may also get some advice from Child Law Advice.

You ask about whether children’s voices are heard in court cases and the answer is yes they are - children are represented through a children’s guardian.

Best wishes

Suzie