Current version (as amended)

Section 14C of the Children Act 1989 , as it currently stands (that is — with any amendments), is as follows:

Special guardianship orders: effect

1. (1)  

   The effect of a special guardianship order is that while the order remains in force —

   1. (a)  a special guardian appointed by the order has parental responsibility for the child in respect of whom it is made; and
   2. (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. (2)  

   Subsection (1) does not affect —

   1. (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
   2. (b)  any rights which a parent of the child has in relation to the child’s adoption or placement for adoption.
3. (3)  

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

   1. (a)  cause the child to be known by a new surname; or
   2. (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. (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. (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 —

   1. (a)  each parent of the child with parental responsibility; and
   2. (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. (6)  

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

Meaning of terms

Certain terms in the Children Act 1989 have a specific meaning which is defined in the Act:

• “Child” means, subject to paragraph 16  of Schedule 1 , a person under the age of 18.
• “Parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property (as defined in section 3 ).
• “Special Guardianship Order” means an order appointing one or more individuals to be a child’s “special guardian” (or special guardians) (as defined in section 14A ).