Section 11 of the Children and Families Act 2014, which recently received royal assent (CYP Now, 18 March), places much emphasis on the need for the court to take into account continued parental involvement when it comes to considering a number of applications, including special guardianship orders (SGO).
About 36 per cent of children now reside with someone other than a family member, and SGOs have undoubtedly played a part in this change. Applications for SGOs rose between 2012 and 2013 with an estimated 2,740 now in place.
The order allows the applicant to become a child's parent/guardian with exclusive control of the child's education, welfare and upbringing, while still maintaining family ties. The order is a step in helping to create stability for the child and allows the guardian to exercise increased parental responsibility without the interference from the parents.
Many local authorities acknowledge the benefit of the orders as they provide financial savings in care home fees and fostering allowances. But of course this isn't just about saving costs, it's about the welfare of our children. In the government's desire to involve the parent as much as possible, it must be careful not to negate the very value of these vital orders.
Adele Redman, family solicitor, Kirwans law firm.
