Special Guardianship Order

[willyjohn]

This refers to family member awarded SGO.
It is relevant that the magistrates court legal adviser is called Clarke so the area of England will not be mentioned.

The SGO was made in two parts. First, a Reasons order made by three justices named A, B & C.
At the bottom is stated "Ordered by Justices of the Peace" so quite OK

The second part is the SGO Order made as case management order by lay justices with the legal adviser mentioned - again OK.

However, at the end is stated "Ordered by Mr. Justice Clarke".

In England that title is reserved for a high court judge and there is not presently one of that name. Magistrates clerks/legal advisers cannot make orders..

The worry is the SGO may not be valid as it was ordered by a fictitious officer/JP/judge.

Anyone ever seen this before?

[Law Student 5]

Hi,

Please let me know if I have misinterpreted your question - you are worried about the validation of an order which is granted by Justices' Clerk.

Since magistrates are volunteered laypeople and do not have any legal qualification, they will be supported in court by a trained legal advisor (also known as a Justices’ Clerk) to help guide them on points of law and procedure.

According to the Justices' Clerks Rules 2005, Justices' Clerk has the power of a single magistrate, such as granting an order.

However, if you have any further concerns, it may be worth to raise this concern to whichever court that granted you the SGO.**

Hope the information is helpful to your situation.

[willyjohn]

Many thanks for your response. I have checked the rules and I do not think they apply. This was not appointing a guardian/solicitor under S41 CA and it was not an interim order under S38. It was a final disposal of a child's location up to its 18th birthday. The SGO was made in two parts. the "reasons" order was made by three lay justices. So it would be odd for a single clerk to then sign the actual final order, on the same day, in the case.