A Special Guardianship Order (SGO) is designed to give children long-term stability when they cannot live with their birth parents. It places the child in the care of a special guardian, often a relative or close family friend, and grants them parental responsibility until the child reaches 18. This legal arrangement provides security while maintaining a connection with the child’s family where appropriate.
But what happens if someone breaches the terms of an SGO? Breaches can occur either by the special guardian or by the child’s birth parents, and the consequences can be serious. Understanding what counts as a breach and the steps to take afterwards is essential for safeguarding the child’s welfare.
Common examples of SGO breaches
A breach by the special guardian might involve failing to meet the child’s needs, moving them without notifying the local authority, or allowing unsafe contact with birth parents. It could also include ignoring court-approved arrangements about education, healthcare or contact.
On the other hand, a breach by birth parents usually means overstepping contact arrangements. For example, turning up at the guardian’s home without permission, harassing the guardian or contacting the child directly when the court has restricted such contact. These actions can undermine the child’s stability and place the guardian in a difficult position.
Immediate steps following a suspected breach
If you believe an SGO has been breached, the first step is to record what has happened. Keep a clear record of dates, times and any supporting evidence, such as texts, emails or witness statements.
The next step is to notify the local authority. They have a duty to investigate concerns and to make sure the child’s safety and welfare are not at risk. In more serious situations, urgent legal advice may be necessary, as the court can intervene to change the order or put additional protections in place.
Related: What Happens if a Child Arrangement Order is Breached?
Possible legal consequences after a breach
When a breach occurs, the court has the power to step in and make changes. In some cases, this may involve modifying the order – for example, restricting contact or tightening conditions around who the child can see. Where there are serious concerns about a guardian’s conduct, the court may even discharge the SGO altogether and consider alternative care arrangements.
Other outcomes include closer monitoring from the local authority, counselling or support services for the guardian and child or, in extreme cases, removal of the child from the guardian’s care. Whatever the response, the child’s welfare remains the central priority.
When discharge or variation of an SGO is possible
Only a court can vary or discharge an SGO, and it will only do so if there has been a significant change in circumstances. Applications can be made by the special guardian, the birth parents, the local authority or, in some situations, the child themselves.
The court will weigh up whether the proposed change is in the child’s best interests. Stability and security are usually given the highest importance, so the court will not make changes lightly.
Get compassionate advice on your circumstances
Breaching a Special Guardianship Order is a serious matter that can disrupt the stability of a child’s life and lead to court intervention. Whether you are a guardian facing difficulties with contact, or a parent struggling with restrictions, it is vital to act quickly and seek professional guidance.
At Osbourne Pinner Solicitors, our family law specialists are here to provide practical advice, represent you in court if necessary and ensure the child’s welfare is protected throughout the process.
The first step is a free 30-minute consultation at our offices or remotely. You can meet us in Harrow, Canary Wharf, Piccadilly Circus and Manchester – or reach out remotely on a video call. Take the first step by filling in the form below, calling us on 0203 983 5080 or emailing [email protected].
