Law Society welcomes legal aid for special guardians but urges wider reforms

Civil Legal aid has been widened to include family and friends applying to look after a vulnerable child. 

However, the Law Society is arguing that the changes do not go far enough and is lobbying the Government to consider further reforms. 

Applying for a Special Guardianship Order (SGO) allows a relative, such as a grandparent, family friend or an older sibling to look after a child when they cannot be raised by their parents, meaning that they remain within the family unit without needing to go into the care system. 

From 1 May 2023, anyone applying to become an SGO will be eligible for legal aid in private family law proceedings. 

However, President of the Law Society of England and Wales, Nick Emmerson, claims that “unfortunately the changes don’t go far enough” and that legal aid for special guardians should not be means-tested. 

 “Many special guardians are grandparents, who may fall through the justice gap as they are excluded from legal aid by the capital in their home,” said Nick Emmerson. 

“However, they still may not have enough income from a pension to pay for legal costs. 

“It is better for the child and better financially for the public purse if an SGO can be arranged and making legal aid for special guardians non-means tested would help achieve this.”  

A recent report by an All-Party Parliamentary Group (APPG) highlighted the lack of legal aid and advice as one of the key issues affecting kinship care and also called for non-means tested free legal advice for carers applying for SGOs.