Grandparents play an important part in a child’s life. Many offer invaluable support, advice, childcare, financial support and can become full-time carers for their grandchildren.

The Court can make a number of different orders to support this family placement. Using a fictional couple, Jim and Jean, I’m going to go through each of the options.

Jim and Jean are looking after their grandchild, Simon, as his parents are unable to care for him due to concerns about their parenting. What sort of order or arrangement is appropriate?

Simon’s parents can agree to social services placing Simon with Jim and Jean or the Court can make a Care Order placing Simon in the care of the local authority, who then choose Jim and Jean to be carers for him.

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A Care Order means all important decisions about Simon are made by the local authority and by Simon’s parents. The local authority will always have the final say. Jim and Jean will have to be assessed as foster carers and approved by a fostering panel and will receive a fostering allowance. Regular meetings will take place to ensure he is doing well in their care.

In a voluntary placement, a foster allowance and involvement with social services will remain the same. However, only the parents can make important decisions about Simon and neither Jim and Jean, nor the local authority, have a say in Simon’s future.

Jim and Jean, would like to be able to have a say in Simon’s future. They, therefore, need to look at alternative orders that the court can make; a Child Arrangements Order or a Special Guardianship Order (SGO).

A Child Arrangements Order simply decides where a child will live and what contact other family members should have. It automatically gives Jim and Jean shared parental responsibility for Simon with Simon’s parents. Jim and Jean will make all major decisions about Simon equally with Simon’s parents. Jim and Jean will not receive any funding from the local authority, but they can apply for child benefit and any other benefits from the government they are eligible for.

An SGO allows Jim and Jean to share parental responsibility for Simon with his parents. However, it gives them a more powerful parental responsibility, and, although they have to consult with his parents, Jim and Jean will be able to make the final decision. For the Court to make an SGO, Jim and Jean have to be assessed and approved by the local authority. However, once the SGO is made, social services don’t have a say in Simon’s future. It is up to the local authority whether they are paid an allowance or for having Simon in their care, but this should be discussed and as part of the assessment. Every family will be different and what is best for Jim, Jean and Simon may not be best for another family.

It is often the case that the social services will offer to fund some legal advice about these options, but even if they decline, it is always better to take some legal advice about your options and to consult an experienced childcare solicitor.