Legal Orders
When it has been identified that a child is unable to live
with their birth parents and a friend or relative would like to
provide care for that child, they can apply to the courts to gain
some level of parental responsibility.
A Residence Order is an Order stating who a
child will live with and gives the person in whose favour it is
made parental responsibility for the child.
Birth parents and anyone else with legal parental responsibility
continue to share this with the person granted a Residence Order,
and they can continue to be involved in decisions about the care
and upbringing of the child.
A relative or friend granted a Residence Order may be entitled
to support (including financial) for the child from the Local
Authority. An assessment of need will be made.
A Residence Order works best for the child where parental
involvement continues in the life of the child and is in the
child’s interests. It is most likely to be the best option where
the child or young person and their birth parents can give their
co-operation and agreement to the making of the Order.
A Special Guardianship Order is an Order
giving primary responsibility to the Special Guardian(s) for all
day-to-day decisions about caring for the child and their
upbringing.
If the child's parents have parental responsibility they retain
this but it is limited. They retain the right to consent or
not to the child’s adoption or placement for adoption.
The Local Authority is required by law to provide Special
Guardianship support services, which may be financial. Anyone
applying for Special Guardianship is entitled to an assessment for
this support and once a Special Guardianship Order is made, may ask
for a re-assessment at any time.
Special Guardianship works best for the child when the Special
Guardian(s) needs overriding responsibility to decide on day-to-day
arrangements and decisions relating to the child’s upbringing,
without having to refer to the child’s parents or others sharing
parental responsibility. It is most likely to be the best option
where it is in the child’s interests not to sever the legal tie
with the parents.
Adoption
Adoption legally provides a child with a permanent new family,
which they belong to all their lives. However, it is not the right
option for all children or young people who cannot return home to
the care of their parent(s) and is less likely to be the best
option for children living with family members or friends.
This page was last reviewed 4 October 2011 at 12:21.
The page is next due for review 1 April 2013.