Legal Update: Discharge of SGOs

In a recently published serious case review [No: 2021/C9028] a child, at the conclusion of care proceedings, was made subject to a special guardianship order (SGO) to two paternal family members. Some 21 months later, this order was discharged following an application by the parents, supported by special guardians and paternal family. The court appointed a Cafcass reporting officer to advise the court on welfare matters. Incorrectly, neither the child nor the local authority were made parties to the discharge proceedings. The reporting officer interviewed the child who did not wish to return to the parents’ care. The local authority did not oppose the discharge. The order to discharge the SGO was made by consent. It is reported that the “transition plan” to the parents’ care was neither adhered to nor supervised. As a result, the child returned to the family home where the local authority’s perception of the apparent improvement in the relationship between the parents and the ability of the mother to protect this child and newly-born siblings was not sustained.