Section 14A Children Act 1989: special guardianship orders
Section 14A CA 1989 creates the special guardianship order - who can apply, the three months' notice to the local authority, and the report the court must have.
Official text
·
CA 1989 s. 14A — United Kingdom
14A A “ special guardianship order ” is an order appointing one or more individuals to be a child’s “ special guardian ” (or special guardians). A special guardian— must be aged eighteen or over; and must not be a parent of the child in question, and subsections (3) to (6) are to be read in that light. The court may make a special guardianship order with respect to any child on the application of an individual who— is entitled to make such an application with respect to the child; or has obtained the leave of the court to make the application, or on the joint application of more than one such individual. Section 9(3) applies in relation to an application for leave to apply for a special guardianship order as it applies in relation to an application for leave to apply for a section 8 order. The individuals who are entitled to apply for a special guardianship order with respect to a child are— any guardian of the child; any individual who is named in a child arrangements order as a person with whom the child is to live; any individual listed in subsection (5)(b) or (c) of section 10 (as read with subsection (10) of that section); a local authority foster parent with whom the child has lived for a period of at least one year immediately preceding the application. ; a relative with whom the child has lived for a period of at least one year immediately preceding the application. The court may also make a special guardianship order with respect to a child in any family proceedings in which a question arises with respect to the welfare of the child if— an application for the order has been made by an individual who falls within subsection (3)(a) or (b) (or more than one such individual jointly); or the court considers that a special guardianship order should be made even though no such application has been made. No individual may make an application under subsection (3) or (6)(a) unless, before the beginning of the period of three months ending with the date of the application, he has given written notice of his intention to make the application— if the child in question is being looked after by a local authority, to that local authority, or otherwise, to the local authority in whose area the individual is ordinarily resident. On receipt of such a notice, the local authority must investigate the matter and prepare a report for the court dealing with— the suitability of the applicant to be a special guardian; such matters (if any) as may be prescribed by the Secretary of State; and any other matter which the local authority consider to be relevant. The court may itself ask a local authority to conduct such an investigation and prepare such a report, and the local authority must do so. The local authority may make such arrangements as they see fit for any person to act on their behalf in connection with conducting an investigation or preparing a report referred to in subsection (8) or (9). The court may not make a special guardianship order unless it has received a report dealing with the matters referred to in subsection (8). Subsections (8) and (9) of section 10 apply in relation to special guardianship orders as they apply in relation to section 8 orders. This section is subject to section 29(5) and (6) of the Adoption and Children Act 2002.
Section 14A creates a status between a child arrangements order and adoption. A special guardianship order appoints one or more individuals as a child's special guardian. A special guardian must be aged eighteen or over and must not be a parent of the child - which is the first thing that distinguishes it from the orders in section 8.
Subsection (5) lists who may apply as of right: any guardian of the child; anyone named in a child arrangements order as a person with whom the child is to live; the individuals listed in section 10(5)(b) and (c), which brings in step-parents and those with the necessary consents; a local authority foster parent with whom the child has lived for at least a year immediately before the application; and a relative with whom the child has lived for at least a year immediately before the application. Others may apply with the leave of the court.
The procedural requirement in subsection (7) is the one that catches applicants out. No individual may apply unless, before the beginning of the three months ending with the date of the application, they gave written notice of their intention to the local authority - the authority looking after the child if it is looked after, otherwise the authority where the applicant lives. On receiving that notice the authority must investigate and prepare a report for the court on the applicant's suitability, and subsection (11) provides that the court may not make a special guardianship order unless it has received such a report. The court may also commission the report itself. The order gives the special guardian parental responsibility which, under section 14C, may generally be exercised to the exclusion of the parents - which is why the three-month notice and the report exist.
When it applies
Grandparents raising a grandchild who want more security than a child arrangements order gives.
A foster carer seeking a permanent legal relationship short of adoption.
An aunt or uncle who has cared for a child for over a year.
A local authority proposing special guardianship as the plan in care proceedings.
Working out how special guardianship differs from adoption for a child who keeps contact with parents.
What this section does not say
×It does not let a parent become a special guardian. Subsection (2)(b) excludes a parent of the child.
×It does not end the parents' parental responsibility. It gives the special guardian parental responsibility that may generally be exercised to the exclusion of others; adoption is what severs the legal relationship.
×It cannot be applied for without notice. Three months' written notice to the local authority is required by subsection (7).
×It cannot be made without a report. Subsection (11) prevents the court making an order until it has received one dealing with the suitability of the applicant.
×It does not set out the effect of the order. That is section 14C, and support services are in section 14F.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
Grandchildren have lived with their grandparents for two years while their mother has been unwell. The local authority has raised special guardianship, and the grandparents want more security than the current arrangement gives.
How the wording applies
A relative with whom the child has lived for at least a year immediately before the application is within subsection (5) and may apply as of right. The fact that most often catches applicants out is subsection (7): no individual may apply unless they gave the local authority written notice of their intention three months before the application - so going straight to court is what causes the delay, not the merits. Subsection (11) then prevents an order being made before the court has the report on the applicant's suitability.
How the parties settled it
The family agree the grandparents give the three months' notice now, and that contact with the mother continues at the current frequency during the assessment, with a review once the report is complete.
Illustrative example
A parent worries that a special guardianship order means losing their child altogether, and asks how it differs from adoption.
How the wording applies
The distinction is on the face of the section and in what follows it. A special guardian must be eighteen or over and must not be a parent of the child, and the order gives them parental responsibility that may generally be exercised to the exclusion of others - but it does not end the parents' parental responsibility, which is what adoption does. The fact that matters to this parent is that the legal relationship survives, and the practical detail sits in section 14C with support services in section 14F.
How the parties settled it
The parent agrees not to oppose the application in exchange for an agreed contact schedule of monthly visits and school reports each term, recorded in writing before the hearing.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 14A in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.