Seeking Advice on SGO vs Care Order for Our Granddaughter

[Gramps72]

Hi everyone,

This is my first time posting, and I’m hoping for some guidance with a situation my wife and I are currently facing.

We were recently approved as foster carers for our granddaughter, who was taken into care at just six weeks old due to an injury sustained while in the care of her birth parents. Social services are now encouraging us to apply for a Special Guardianship Order (SGO), saying it's in our granddaughter’s best interest. They’ve explained that an SGO would mean they no longer need to be involved, and we’d have more autonomy—for example, we wouldn’t need to seek permission for family time or routine decisions.

However, we’re facing a dilemma. The birth parents have been engaging well with various support services and are working hard to address the concerns that led to the initial care proceedings. We believe that in the next couple of years, they may be in a position to apply to have the court order overturned and reunite with their daughter.

We’ve been told (and the birth parents have also received legal advice) that it is generally more difficult to overturn an SGO than a care order. While we want to continue supporting our granddaughter and providing her with a safe, stable home, we also want to support the birth parents in their journey and not create additional legal or emotional barriers that could make reunification harder—especially if they do make meaningful progress.

We’d really appreciate any insights or experiences from others who have been in a similar position. What considerations should we keep in mind? Are there alternative arrangements that balance both the child’s current needs and the possibility of future reunification?

Thanks so much in advance.

[Suzie, FRG Adviser]

Dear Gramps72

Welcome to the kinship carers’ forum and thank you for posting.

My name is Suzie, online adviser at Family Rights Group and I will respond to your post today. You receive other responses from persons who might have been in a similar situation to you and share their experiences with you.

It is good news that you have had a positive assessment as foster carers for your granddaughter. Now, children’s services are suggesting that you apply for a special guardianship order (SGO) and you are not sure which route to take.

The information you have been given by the social worker is correct. Once a SGO is granted they step away and your granddaughter’s upbringing will be entirely yours. The parental responsibility obtained under the order would mean you can make decisions to the exclusion of her parents although they retain their parental responsibility.

Under a care order, your granddaughter remains a looked after child and things will continue as now. You will have looked after child meetings. Children’s services would share parental responsibility with the parents, and they would inform and consult with the parents, but they would make all decisions. As foster carers you have no parental responsibility and whilst responsible for day to day of your granddaughters all decisions including the parents would be children’s services responsibility. Here is a link to our website relating to children in care under a .court order

As foster carers you would receive fostering allowance from children’s services. Under a SGO children’s services would pay a SGO allowance but this is changeable as it is reviewed each year. Children’s services would be her ‘corporate parent’ and would be caring for her on their behalf.

It would depend on your granddaughter’s age now what would be considered the best outcome long term care arrangements. The hope is for a young child to be in a settled permanent placement.

Your main concern seems to be whether in time the parents might be able to have their daughter in their care. This would be possible in either case. They could apply to discharge a care order or request an assessment with a view to their daughter being in their care which is possible under a care order. This would depend on children’s services views at the time and what is considered best for your granddaughter.

With a SGO, you would be able to decide on contact and how that takes place. Your granddaughter could, if you agreed spend increasingly more time with her parents. If they applied to discharge the order and you objected, then you could challenge their application. You could apply yourself to discharge the SGO if you were confident of the parents’ ability to safely care for their daughter.

I think each case is different and decisions are made taking account of circumstances prevailing at the time of the application. It might help if you know the views of the children’s guardian who represent you granddaughter’s interests in the case.

You might find it helpful to read more about kinship care. Here is information about special guardianship as well as what it means for parents.

Do bear in mind that if children’s services believe looking after your granddaughter is a holding position for return to her parents this may give them cause for concern.

It is possible to begin as a foster carer and apply for a SGO later. A supervision order is often made at the same time of the SGO so special guardian is not left without support immediately the order is made. The SO can for 6 or 12 months.

I hope this is helpful, but should you wish to speak with one of our experienced advisers, you can telephone our advice line on 0808 801 0366. The advice line is open from 9.30am to 3.00pm Monday to Friday (excluding Bank Holidays)

Best wishes

Suzie