John Mitchell compares recent developments in guardianship orders with the current rules on adoption
Since December 2005 courts have been able to make special guardianship orders (SGOs) under the Children Act 1989 (ChA 1989), s 14A. These give former foster parents, relatives and others what the white paper, Adoption, A New Approach (2000) Cm 5017 described as “clear responsibility for all aspects of caring for a child” and a status greater than that provided by a residence order but less than adoption.
The Court of Appeal has recently provided guidance on how the new powers should be used. The SGO is intended to build what the white paper called “a legally secure, stable permanent placement”, in part by restricting the exercise of parental responsibility by the child’s parents and requiring them to obtain the leave of the court before applying for any s 8 order other than a residence order. A strong message from the Court of Appeal is that the issue of whether or not to make an SGO is of “fundamental importance” to the child—see Re R (a child) (special guardianship order)
