Hello.
I'm new to the site and wondered if anyone could advise me.
My god child has been living with me for 2 years under a private fostering arrangement. The child is under 10 years old and had been physically and emotionally abused by the birth mums partner.
The CP conference agreed that the child should stay with us and be a child in need, however, never as a looked after child because we were providing the safe environment.
We are now applying for an SGO which mum is in agreement with but I wondered if anyone had ever heard if a judge has issued an adoption order rather than an SGO? The LA are backing the application as is BF who doesn't see the child but I am in contact with him. He would also like us to adopt. The child doesn't want to see or talk to the birth mum and hasn't done for a few months. They want to change their surname as bm changed it to that of the partner who had done the abusing. I know that until an SGO is issued the bm can take the child at any time but the bm is unable to provide any care or ensure a child's safety independently due to her complex needs so there would always be safeguarding issues. Thank you for reading.
SGO /Adoption
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Suzie, FRG Adviser
- Posts: 951
- Joined: Thu Jul 28, 2011 12:25 pm
Re: SGO /Adoption
Dear Godmummy
Welcome to the Kiinship Carers’ forum and thank you for your post. My name is Suzie and I am FRG’s online adviser. I am sorry that there has been a delay in responding to your post.
You are applying for a Special Guardianship Order for your godchild whom you have cared for, in what has been treated as a private fostering arrangement, for two years. The concerns about the child were discussed at a child protection conference but it was decided that the threshold was not met and that they should be helped is a child in need.
Although you are applying for a SGO you are wondering about whether an adoption order might be considered instead. The child’s father would agree to this whilst the child’s mother agrees with a SGO. I don’t know what children’s services’ view is but I would imagine that they would recommend a SGO as being the most appropriate as it retains the child’s birth identity and does not sever their legal links to their family.
If you are worried about the child’s mother removing them from your care you can ask the court to make an interim Child Arrangements Order (CAO) prior to making a SGO if necessary. Or if children’s services were concerned they would need to take protective action. If you would like to ask the court’s permission to change the child’s surname I would suggest that you address this during the Special Guardianship Order proceedings.
It is not very likely that a judge would make an adoption order when asked to make a SGO unless there were compelling, child-focused reasons, and consent from both parents or the court decided that a parent's consent could be dispensed with However, if you want to apply for an adoption order rather than a SGO I think you should seek legal advice about this from a solicitor and have a look at the information provided on the Child Law Advice website.
As children’s services are currently involved on a child in need and private fostering arrangement basis they may not be providing you with support (including financial) which they would have done if the child were a Looked After child and you were their kinship foster carer. If you do need support in term of financial help, assistance with contact or support in relation to the child’s needs please do insist upon an assessment of yours and the child’s support needs, during the SG assessment process and before any order is made.
You may find this advice sheet on DIY Special Guardianship helpful as well as this table which sets out the different kinship arrangements there can be and which you can use to compare SGOs and adoption orders.
If you have a solicitor representing you then do discuss your needs and the different options with them.
If you would like to talk the situation through with an adviser please call our freephone advice helpline on 0808 8010366; the lines are open Mon to Fri from 9.30 am to 3.00 pm. Or please to post back if you would prefer.
With best wishes
Suzie
Welcome to the Kiinship Carers’ forum and thank you for your post. My name is Suzie and I am FRG’s online adviser. I am sorry that there has been a delay in responding to your post.
You are applying for a Special Guardianship Order for your godchild whom you have cared for, in what has been treated as a private fostering arrangement, for two years. The concerns about the child were discussed at a child protection conference but it was decided that the threshold was not met and that they should be helped is a child in need.
Although you are applying for a SGO you are wondering about whether an adoption order might be considered instead. The child’s father would agree to this whilst the child’s mother agrees with a SGO. I don’t know what children’s services’ view is but I would imagine that they would recommend a SGO as being the most appropriate as it retains the child’s birth identity and does not sever their legal links to their family.
If you are worried about the child’s mother removing them from your care you can ask the court to make an interim Child Arrangements Order (CAO) prior to making a SGO if necessary. Or if children’s services were concerned they would need to take protective action. If you would like to ask the court’s permission to change the child’s surname I would suggest that you address this during the Special Guardianship Order proceedings.
It is not very likely that a judge would make an adoption order when asked to make a SGO unless there were compelling, child-focused reasons, and consent from both parents or the court decided that a parent's consent could be dispensed with However, if you want to apply for an adoption order rather than a SGO I think you should seek legal advice about this from a solicitor and have a look at the information provided on the Child Law Advice website.
As children’s services are currently involved on a child in need and private fostering arrangement basis they may not be providing you with support (including financial) which they would have done if the child were a Looked After child and you were their kinship foster carer. If you do need support in term of financial help, assistance with contact or support in relation to the child’s needs please do insist upon an assessment of yours and the child’s support needs, during the SG assessment process and before any order is made.
You may find this advice sheet on DIY Special Guardianship helpful as well as this table which sets out the different kinship arrangements there can be and which you can use to compare SGOs and adoption orders.
If you have a solicitor representing you then do discuss your needs and the different options with them.
If you would like to talk the situation through with an adviser please call our freephone advice helpline on 0808 8010366; the lines are open Mon to Fri from 9.30 am to 3.00 pm. Or please to post back if you would prefer.
With best wishes
Suzie
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