An SGO assessment in a grandfather’s private application

By Hannah OvertonPublished 28 October 20269 mins read11 sections

A grandfather had cared for his granddaughter for well over a year when he decided to make it permanent. There were no care proceedings and no social worker on the case. What worried him was the SGO assessment. A council officer would visit his home, ask about his health and his money, and write a report for a judge. Our family law specialists advised him at each stage. This is an anonymised account.

A grandfather who wanted certainty

His daughter had struggled for some years. The little girl moved in with him during one hard spell and stayed. Her mother visited and loved her, yet could not offer a stable home. The father had never been involved.

He had no parental responsibility, so many decisions needed the mother’s signature. When she was unwell, that was hard to get. He wanted a special guardianship order, yet feared one bad interview could end the plan.

What the law says about an SGO assessment

Special guardianship is set out in section 14A of the Children Act 1989. A relative may apply without the court’s permission if the child has lived with them for at least one year immediately before the application. He met that test, since a grandparent counts as a relative.

First, though, he had to give written notice of his plan at least three months before applying, under section 14A(7). Where no council looks after the child, the notice goes to the council for the area where the applicant ordinarily lives. That council must then investigate and prepare a report for the court. The court cannot make the order until it has received it.

In England, the Special Guardianship Regulations 2005 list what the report must cover. Regulation 21 points to a Schedule. For the applicant, it covers health, income and spending, home, household, three personal references and parenting capacity. It ends with recommendations on whether the order should be made and on contact.

How we prepared him for the SGO assessment

The notice and the paperwork

Timing came first. The three months run from the notice, so we advised him to send it at once, by a method he could prove. We helped him word it plainly, and he kept a copy and proof of posting.

Next, we went through the Schedule with him, item by item. He had never seen that list before. With it in hand, he gathered a summary of his income and spending and details of everyone in his household. He also chose three referees who had seen him with his granddaughter over the years.

Health, contact and the choice of order

Health was his main worry. He had a long-term condition that he managed well. We advised him to raise it himself at the first visit and to let the assessor contact his GP, since a medical summary forms part of the report. His son agreed in writing to step in if he were ever ill. That answered the question about raising a child until she turns eighteen.

The Schedule also asks how well the applicant can protect the child from any risk posed by her parents, particularly around contact. Our client did not want to criticise his daughter. We helped him describe, honestly and kindly, her bad days and what he did. Visits took place at his home, and he stepped in when she was unwell.

The report must also weigh special guardianship against other orders, including adoption. He could explain in his own words why he did not want to adopt: his granddaughter should keep her mother as her mother.

The council’s report and the order

The assessor visited several times and interviewed his referees. Her report recommended a special guardianship order, with regular contact for the mother at his home. It dealt openly with his health and the plan with his son.

He then applied, with our guidance, and we helped him prepare his statement. Before making the order, the court must consider whether to provide for contact as well. The mother agreed to the contact in the report, and the court made the order on that basis. Our client now has parental responsibility and, subject to some limits, can exercise it without her agreement.

Every case turns on its own evidence, so this is not a promise about any other family.

What you can take from this SGO assessment

Send the notice early, because you cannot apply until three months after it. Read the Schedule before the first visit. Raise any weak point yourself, with a plan beside it.

Our guide to special guardianship orders explains who can apply. See also special guardianship for grandparents, our kinship care guide and how we prepare these success stories.

“The assessor is trying to picture your grandchild’s life with you until she is grown up, so answer with that in mind: who helps, what happens if you are ill, and how her parents fit in. Know what the order will change, too. You would make the everyday decisions, but a new surname, or a trip abroad of three months or more, would still need the court’s leave or the written agreement of every person holding parental responsibility.”

Hannah Overton, Complex Children Specialist, Kabir Family Law

Talk it through with us

If you are caring for a grandchild, you do not need to face an SGO assessment alone. A free initial consultation is confidential and carries no obligation. Tell us what has happened, and our family law specialists will explain your options, including how to word your notice and what to prepare before the first visit.