Exceptional circumstances for Adoption following SGO prior to 3 year timeframe

[Dino]

Good morning
I'm seeking advice on the topic above.
We have our great nephew under a SGO having been with us since he was a week old. He is now 1 and has not had contact with birth parents. There are no contact orders in place for anyone however I do offer supervised contact for MGM and PGM every 8-12 weeks.
Is it possible to advise me on the exceptional circumstances where an adoption application can be pursued prior to the advised 3 year timescale following an SGO please.
We feel very strongly around our little one being able to have the permanency and security equal to what our older children have.
Many thanks

[Suzie, FRG Adviser]

Dear Dino

Welcome to the kinship carers’ discussion forum.

My name is Suzie, online adviser, at Family Rights Group. I apologise that you did not receive a response earlier.

I see from your post that you are concerned for your great-nephew for whom you have a special guardianship order to have a secure future in your care under an adoption order. There is no contact with birth parents, but you do not say why. However, he has contact with both sets of grandparents.

As you know, firstly, there is a requirement that the child must have live with the applicant(s) for a period of 3 years. If this is not satisfied, it is possible to seek leave (i.e., permission) from the court to make the application before the stated period of 3 years. It would be at this time that you would inform the court of the reasons you consider it appropriate for an adoption order to be made in a shorter time. I am not able to give any reasons likely to be considered exceptional ad each case has its own particular circumstances, and the important thing is the welfare of the child.

Secondly, you will need to give notice to the local authority area in which you live. This is referred to as a section 44 notice of intention to adopt. Once notice is given to the local authority, they will need to carry out an investigation and prepare a report to the court. Adoption cases are dealt with under the Adoption and Children Act 2002 (ACA 2002).

As you are a special guardian and may already be in touch with the local authority regarding your great-nephew, it might be appropriate to have a discussion with the local children services department about your intention to apply for an adoption order before giving formal notice of intention. Depending on the circumstances, it may be seen as the next step to secure a stable future for him.

You will need to be mindful that the child’s parents will be respondents to the application and can oppose the application for an adoption order. The court will be concerned with the welfare of the child and his best interests in reaching a decision. The court process could be lengthy depending on whether the parents are opposed to your application or not.

Adoption will mean for the child and the parents that all legal ties are removed. The parents will lose parental responsibility and she will be legally your child if the order is made. As birth parents, they could seek to have contact but that will depend on what you are prepared to agree and whether the court consider it to be in the child’s interest.

You may not be eligible for legal aid to make the application for leave or for adoption.

The information I have given here is an overview of what you can expect but there is more in respect of the court process itself and I suggest that you contact CoramBAAFf who will be able to give you more information about adoption 0300 222 5775. Alternatively, you could telephone First4Adoption on 0300 222 0022 who can also give you further information about adoption.

I hope this is helpful.

Best wishes

Suzie