When grandparents become special guardians for their grandchildren, they take on significant legal responsibilities under a special guardianship order. A special guardianship order for grandparents UK provides a way to offer stability and permanence for children who cannot live with their birth parents. However, these arrangements can become complex when a child with disabilities requires additional care, or when local authorities raise concerns about the placement. Our family law experts regularly assist grandparents navigating these challenging circumstances, whether they are applying for a special guardianship order or defending against attempts to have a child removed from special guardian care.
Often grandparents may choose to act as guardians of their grandchildren through special guardianship orders. These are legal orders under the Children Act 1989. Special guardianship orders are an order appointing an individual to be a child’s special guardian which allows them to look after the child and make decisions on their daily life.
Grandparents have special guardianship over their grandchild
We consider a recent case of A (removal from special guardians) (2017).
This case concerns a girl who was aged 11 years old who was placed in the care of her maternal grandparents who were awarded a special guardianship order.
The parents were unable to care for her safely and her grandparents provided a loving home for her. In February 2017 the grandchild was placed in a specialised residential placement while foster parents who can meet her needs are identified.
The grandchild has a range of particular medical needs, with a degree of learning difficulty and her functioning is very effected by a genetic and life limiting illness she was born with and inherited from her family. As a result, she has had care and support from health and social care services and support required for a child with disabilities throughout her life. For children with additional needs, our specialist article on children with SEND in custody disputes explores how the courts expect carers to evidence they can meet long‑term medical and educational requirements.
What Is a Special Guardianship Order for Grandparents UK?
A special guardianship order for grandparents UK is a family court order that appoints grandparents as the child’s special guardians until they reach 18. This arrangement is often preferred over adoption because it maintains the legal relationship between the child and their birth parents while giving grandparents enhanced parental responsibility. Grandparents seeking a special guardianship order for grandparents UK must meet specific eligibility criteria, including having cared for the child for at least one year in most circumstances. The application process involves notifying the local authority three months before applying to court, during which time social services will assess suitability and prepare a report.
The local authority special guardianship order assessment considers many factors, including the grandparents’ capacity to meet the child’s needs throughout their childhood. This becomes particularly significant when caring for a special guardianship order special needs child, where additional considerations around medical care, educational support, and long-term planning must be addressed. Our family lawyers can advise on whether a special guardianship order for grandparents UK is the most appropriate option based on your circumstances.
Can a Child Be Removed From Special Guardian Care?
When a local authority believes a child is at risk of significant harm, they may seek to have a child removed from special guardian care. Unlike foster placements, a special guardianship order provides legal security, meaning children cannot simply be removed by social services without court proceedings. Where matters enter care proceedings, the court works to a strict 26-week timetable. The local authority must apply for an interim care order and demonstrate that the child is experiencing or at risk of significant harm while in the special guardian’s care.
In the case discussed above, the local authority argued that the grandparents’ deteriorating health and difficult relationship with professionals meant they could no longer safely care for their grandchild. This illustrates how circumstances can change after a special guardianship order is granted, particularly when caring for a special guardianship order special needs child with complex medical requirements. If you are facing proceedings where a child removed from special guardian care is being sought, our family law specialists can provide urgent assistance and guidance on protecting your position.
Special Guardianship Order Special Needs Child: Additional Considerations
Caring for a special guardianship order special needs child involves unique challenges that courts and local authorities must carefully consider. When grandparents or other family members apply to become special guardians of a child with disabilities, the assessment process examines whether they can meet both current and future needs as the child develops. A special guardianship order special needs child arrangement requires thorough planning around medical appointments, therapeutic interventions, educational support, and necessary home adaptations.
The case we have discussed highlights how caring for a special guardianship order special needs child can become overwhelming over time. The court noted concerns about the grandparents’ physical and emotional capacity to continue providing appropriate care. Special guardians caring for children with complex needs may be entitled to additional support services from the local authority, including financial assistance through special guardianship allowances and access to the Adoption and Special Guardianship Support Fund for therapeutic services. Understanding what support is available before and during your special guardianship order special needs child arrangement is essential, and our family lawyers can help you navigate these options.
How Can Grandparents Defend Against Having a Child Removed From Special Guardian Care?
If social services have raised concerns about your ability to continue as special guardian, acting quickly is essential. A child removed from special guardian care situation requires immediate legal advice to understand your options; we can discuss the right solution, whether special guardianship remains the best option, and what is in the child’s best interests. The court will consider whether the concerns raised genuinely amount to significant harm or risk of harm, or whether additional support could address the issues identified.
Grandparents facing these proceedings should gather evidence demonstrating their ongoing commitment and capability. This might include medical evidence about your own health, documentation of the care you provide, and any support networks available to you. That support may come from family, a partner, or friends. The relationship between special guardians and professionals is often scrutinised, so demonstrating willingness to work cooperatively with social workers and healthcare providers can be important. Our family law experts understand how distressing it is when a child removed from special guardian care becomes a possibility, and we can advise on the best approach based on your specific circumstances.
Local services remove grandchild from grandparents care
The case was brought by the local council as they considered the grandchild was at risk of harm while in the grandparents care. The grandparents disputed this and wanted their grandchild to return home to them.
The guardian reported the child as having complex health needs, fully dependent on carers and “delightfully engaging, appealing and rewarding young woman…well-liked by adults and children due to her sunny disposition, sense of humour and friendly bubbly caring nature.”
The court decided that the social services have to assert and prove that while in the care of her special guardians she was at risk of or experiencing significant harm as a result of their parenting.
The courts noted that the grandparents legal battle led to a confrontational and difficult relationship with a range of professionals. They would say professionals have wrongly judged them and failed to provide the full legal support to which the child and themselves as carers are entitled, leading to stress and strains inevitably.
The grandchild’s guardian reported both grandparents have become physically and emotionally overwhelmed by the task of caring their grandchild. They themselves agree their health is not as good as it was, and the disputes and litigation have affected them. The social workers initial statement said, “the local authority believe that the restrictions that their emotional health appears to place on their parenting capacity, has placed the grandchild at significant risk”.
Judges considerations when deciding on the matter
Amongst many considering the facts and evidence in this case the judge noted some of the key findings as:
Judge decides not to return the grandchild to the grandparents
- It is self-evident that on the two occasions when Grandmother has pronounced the child is too much for her and requested accommodation the effects of this on the child would be harmful. Grandmother explained one occasion of this as in effect to make a point to social services which concerns me.
- Observation of the extreme anger and stress that Grandmother expresses related to the care of the child I find must be emotionally harmful and despite advice has continued
- In addition, the improvements needed to make the child’s life easier at home in terms of manoeuvring her wheelchair have not been completed as the grandparents have been unwilling to commit to staying in the accommodation they reside in now for a further five years causing harmful delays to meeting her needs and I am not satisfied they would or could agree to the changes needed. I cannot accept this is as a result of failures by professionals to complete the necessary assessments.
The judge considered whether the grandparents are now in a position to work with professionals and follow professional advice and commit to the long term adjustments to enable their home to be adapted or a new suitable one found for them.
The judge however decided that they cannot accept the grandparents could do so. They “do not feel a new social worker would make the difference needed given that everyone else is finding similar problems, and to repeat my earlier assessment do think the task of care has now become one that is just too much.”
It was concluded that the child’s welfare demands that social services share parental responsibility with her parents, the parental responsibility of Grandparents having been extinguished once the interim care order was made, and that social services should determine where she lives.
This decision was made due to the risk of further physical and emotional harm. The judge believed the capacity of Grandparents to care for their grandchild has become limited.
In approving the social services views the judge stated “the child will also be able to enjoy relationships with her wider family. Her grandparents will remain most important to her and I hope they can remain as committed to her in care as they have been throughout her life”.
What Is the Process to Discharge a Special Guardianship Order?
Understanding how to discharge special guardianship order arrangements is important for anyone involved in these cases. Parents wishing to have their child returned to their care, or special guardians who feel they can no longer continue, must apply to the court. To discharge special guardianship order arrangements, parents must first obtain the court’s permission by demonstrating a significant change in circumstances since the order was made.
The threshold to discharge special guardianship order arrangements is deliberately high because these orders are intended to provide children with long-term stability. Courts will not discharge special guardianship order arrangements simply because a parent disagrees with decisions the special guardian has made. Instead, evidence of sustained positive change in the parent’s circumstances, combined with a clear plan for the child’s care, is typically required. The child’s welfare remains the court’s paramount consideration throughout any application to discharge special guardianship order arrangements. If you are considering making or opposing such an application, our family lawyers can explain the legal process and your prospects.
Where parents are seeking to resume care, our article on getting custody back from grandparents explains the change‑of‑circumstances test and how courts approach these applications in practice.
Local Authority Special Guardianship Order Assessments and Reports
Before the court can grant a special guardianship order, the local authority special guardianship order assessment must be completed. This statutory report examines numerous factors including the prospective special guardian’s background, health, parenting capacity, and ability to meet the child’s needs until they reach adulthood. The local authority special guardianship order assessment also considers any harm the child has experienced and risks posed by birth parents or others.
When the placement involves a child with additional needs, the local authority special guardianship order report should address how those needs will be met and what support services may be required. Special guardians should carefully review the local authority special guardianship order assessment and raise any concerns or inaccuracies before it is submitted to the court. Our family law specialists can assist in reviewing local authority special guardianship order reports and ensuring your position is properly represented.
Arrange an initial consultation today with our child law specialist for legal advice
When your grandchild has been removed from your care, it can feel as though every professional decision is happening to you rather than with you, especially where there are complex special needs or a Special Guardianship Order in place. Our grandparent rights and special guardianship specialists regularly advise grandparents on contact, challenging local authority decisions, and whether to seek fresh orders or vary existing arrangements so relationships with much‑loved grandchildren can be preserved wherever it is safe to do so. If you have a special guardianship or want to secure advice about whether one should continue consult our child lawyers today for a FREE consultation on 0330 094 5880 or let us call you back.
If your main concern is maintaining a relationship while professionals assess long‑term plans, see our dedicated guide on contact with children with disabilities. With family lawyers in York and across the country you can be sure that we have the national reach to provide legal advice within local reach. Whether you are exploring a new contact order for grandparents or reviewing an existing special guardianship arrangement, our teams in York and across the UK can provide clear, practical guidance on the best next step for you and your grandchild.
