A Special Guardianship Order is an order appointing one or more individuals to be a special guardian to be able to exercise parental responsibility over a child. Applications have increased during the coronavirus pandemic, but the cost of applying for an SGO can be a huge financial burden. We’re often asked by our clients “Can I get Legal Aid for Special Guardianship Orders (SGOs)?”
The short answer is, theoretically yes, but Legal Aid is means and merit tested and it is difficult to qualify under both tests. You can do a quick check on the government website to see if you may be eligible, but you may find it tough to qualify.
To qualify for Legal Aid for an SGO application, you must be able to prove that you cannot afford to pay the legal costs incurred when applying for an SGO.
What types of Legal Aid are available in family law?
Different types of Legal Aid are available for family law cases.
Legal help – a solicitor can offer advice and negotiate on your behalf, but is unable to represent you in court.
Mediation – a solicitor can help you negotiate with another party through mediation.
Legal representation – a solicitor can prepare your case, and represent you in court or arrange for a barrister to represent you.
However, you can qualify for Legal Aid for some cases regardless of your financial situation in emergency situations if you need a Non-Molestation Order or if the child is subject to care or supervision proceedings. Once funding is secured, you can apply to extend the scope of Legal Aid to cover your SGO application and the Legal Aid Board will consider that application.
A final option if you can demonstrate that refusing you funding would violate…
- Your convention rights in relation to the 1998 Human Rights Act
- Any right you might have to the provision of legal services
- That which is appropriate in the particular circumstances of your case
… you may be able to secure Legal Aid funding if argued successfully.
How do I apply for Legal Aid for Special Guardianship Orders?
Seek the advice of a family lawyer for help with Legal Aid for an SGO application.
Holland Family Law can advise on whether you are eligible to apply for Legal Aid for an SGO. However, if it’s not available to you, we can assist you on a private fee paying basis and we even offer a fixed-fee service for SGO applications.
It is worth noting that you may be entitled to funding in part, but it may not cover all the costs of your SGO application. You may have to pay some of the costs upfront or pay back some of the costs upon conclusion of your case.
It is also worth exploring whether the Local Authority undertaking the SGO assessment is able to assist with the funding of your case.
In some cases the Court has ordered the Local Authority to pay the legal costs of parties applying for an SGO where they have been refused Legal Aid, but this is extremely rare.
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