Section 14C — Children Act 1989: Special guardianship orders: effect

Special guardianship orders: effect 14C 1 The effect of a special guardianship order is that while the order remains in force—

a a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made;

and b subject to any other order in force with respect to the child under this Act, a special guardian is entitled to exercise parental responsibility to the exclusion of any other person with parental responsibility for the child (apart from another special guardian).

2 Subsection (1) does not affect—

a the operation of any enactment or rule of law which requires the consent of more than one person with parental responsibility in a matter affecting the child; or b any rights which a parent of the child has in relation to the child’s adoption or placement for adoption.

3 While a special guardianship order is in force with respect to a child, no person may—

a cause the child to be known by a new surname; or b remove him from the United Kingdom, without either the written consent of every person who has parental responsibility for the child or the leave of the court.

4 Subsection (3)(b) does not prevent the removal of a child, for a period of less than three months, by a special guardian of his.

5 If the child with respect to whom a special guardianship order is in force dies, his special guardian must take reasonable steps to give notice of that fact to—

a each parent of the child with parental responsibility;

and b each guardian of the child, but if the child has more than one special guardian, and one of them has taken such steps in relation to a particular parent or guardian, any other special guardian need not do so as respects that parent or guardian.

6 This section is subject to section 29(7) of the Adoption and Children Act 2002.