Report calls for reform to special guardianship to protect and support children and carers

The review was commissioned by the Nuffield Family Justice Observatory in response to the Court of Appeal’s call for authoritative, evidence-based guidance for the use of SGOs.  It was led by Dr John Simmonds from CoramBAAF and Professor Judith Harwin from Lancaster University.

The review shows that SGOs provide children with a safe, permanent home with family members when the court decides they cannot live with their birth parents. But local authorities and the courts face major challenges in providing special guardians with adequate preparation and support for the long-term consequences of this life-changing responsibility, leading to avoidable and significant stress that is potentially damaging to children’s futures. 

Special guardians are usually family members and have parental responsibility for the child in their care. However, unlike adoption, the basic legal link between the child and their birth parents is preserved. The use of SGOs has been increasing - between 2010/11 and 2016/17, more than 21,000 children had an SGO made at the end of their care proceedings.

The review examined the research evidence on special guardianship, informed by the views of special guardians themselves, and sought the views of lawyers, social workers and Cafcass Guardians. It found that special guardianship is a stable option for children, the majority of whom fare well in relation to their safety, well-being and developmental progress. However, use of SGOs is not aligned with best practice in other forms of placement such as adoption and foster care, even though children have experienced similar levels of abuse and neglect and the demands placed on special guardians are as great as for other carers.

Lisa Harker, Director of the Nuffield Family Justice Observatory said: ‘Relatives are often the first to be considered when finding a loving, stable home for children who are unable to live with their birth parents but too often they are asked to care for children with significant emotional and behavioural difficulties, without sufficient support in place to help them to do so. This evidence review points to some serious gaps in assessment, preparation and support which need to be addressed.’

Dr John Simmonds, Director of Policy, Research and Development at CoramBAAF said: ‘Our research review has explored the current evidence, and this reinforces the message that Special guardianship is an important positive option. But there are a number of priority issues that need urgent reform to ensure that these life-changing plans are child and carer centred. The evidence indicates that currently they are not.’