Special Guardianship Order - Expert Child Law Solicitors

A special guardianship order is a court order made under the Children Act 1989 that appoints one or more persons as a child's 'special guardian'. An Application for a Special Guardianship Order may be made by an individual or jointly by two or more people to become special guardians. Joint applicants do not need to be married. Special guardians must be 18 or over. A child's parents may not become that child's special guardian.

Special Guardianship Orders were introduced into the Children Act 1989 by the Adoption and Children Act 2002.  A special guardianship order is intended for those children who cannot live with their birth parents and who would benefit from a legally secure placement as per a family court order. The Special Guardianship Order gives the special guardian parental responsibilities and leaves the guardian free to make decisions about how to bring up your child or children. The special guardianship order does not change the birth parents' legal relationship with the child, so they remain a member of the birth parents' family even though they are living with their special guardian.

Ask a Question About a Special Guardianship Order

If you are considering applying for a Special Guardianship Order (SGO) or need legal advice about your parental rights and responsibilities, our experienced family law solicitors at Premium Solicitors are here to help. We provide clear, practical, and results-driven legal advice tailored to your specific circumstances.

How Secure is a Special Guardianship Order?

A Special Guardianship Order is a more secure order than a Child Arrangements Order because a parent cannot apply to discharge it unless they have the permission of the Family Court to do so, it is less secure than an adoption order because it does not end the legal relationship between the child and his/her birth parents.
A Special Guardianship Order gives the special guardian legal parental responsibility for the child, which is expected to last until the child is 18. But, unlike Adoption Orders, these orders do not remove parental responsibility from the child’s birth parents, although their ability to exercise it is extremely limited.
In practice, this means that the child is no longer the responsibility of the local authority, and the special guardian will have clearer responsibility for all day-to-day decisions about caring for the child or young person, and for taking important decisions about their upbringing, for example, their education. And, importantly, although birth parents retain their legal parental responsibility, the special guardian only has to consult with them about these decisions in exceptional circumstances.

When Might Special Guardianship Be the Preferred Option?

Any decision to apply for a Special Guardianship Order should always be based on meeting the needs of the child or young person, but there are particular situations where it might be more appropriate:

• Older children and young people in long-term care, as described above, who may wish to retain some legal ties with their birth family and who do not want to be adopted.
• Unaccompanied asylum-seeking children who need a secure, permanent home here, but have strong attachments to their families abroad.
• Prospective carers from minority ethnic groups who may wish to offer a child a permanent family, but have religious or cultural difficulties with adoption, as it is set out in law.
• Kinship care, where members of the extended family may not want to adopt the child but do need more security and clarity about day-to-day decision-making.

Who Can Apply for a Special Guardianship Order?

Close relatives of a child can apply to be their Special Guardian – and this might involve grandparents, an uncle or aunt, or a godparent or a close family friend applying to the court for a Special Guardianship Order.
The following people may apply to be special guardians:

• Any guardian of the child;
• Any individual who has a child arrangements order or any person where a child arrangements order is in force and who has the consent of the person in whose favour the child arrangements order is made;
• Anyone with whom the child has lived for at least three years out of the last five years;
• Anyone with the consent of the local authority, if the child is in care;
• A local authority foster parent with whom the child has lived for at least one year preceding the application;
• Anyone who has the consent of those with parental responsibility;
• Anyone who has the leave of the court.

NOTE: You must be over 18 years of age, and you can apply on your own or jointly with another person.

What is the Procedure for a Special Guardianship Order?

Anyone wishing to apply for a Special Guardianship Order must inform the local authority of their intention three months ahead of submission. You must then make an application to the family court. The Children’s Services department will then contact you to assess your suitability and will prepare a report for the court outlining its recommendations.
There is nothing in the Special Guardianship Regulations that sets out a planning process that local authorities must follow, as there is for adoption. Each local authority will need to establish its own policies and procedures to decide on special guardianship for children in its care, and it is not necessary to have a panel to make this recommendation.

3 Months Written Notice

Any person who wishes to apply for a special guardianship order must give three months' written notice to the local authority of their intention to apply. The only exception to this is where a person has the leave of the court to make a competing application for a special guardianship order where an application for an adoption order has already been made. This is in order to prevent the competing application from delaying the adoption order hearing.

Local Authority Report

Local authorities are required to produce a report to the court on all children, not just those who are looked after, when an application is made. On receipt of notice of an application, or upon the court's request, the local authority must investigate and prepare a report for the court on the suitability of the applicants to be special guardians.
The regulations say that the local authority report should include certain key information about the child, such as:

• Whether the child has brothers and sisters, and details of both parents.
• The relationship a child has with other family members, and the arrangements for the child to see or keep in touch with them.
• Details of the child's relationship with his/her parents.
• The parent/s' and the child's wishes and feelings.
• The prospective Guardian's family composition and circumstances.
• Parenting capacity.
• Medical information on the child, prospective special guardian and the birth parent(s).
• An assessment of how a Special Guardianship Order would meet a child's long-term interests as compared with other types of order.

This report must include information about the child, the child’s wishes, the child’s birth family, contact arrangements, the prospective special guardian and recommendations about whether or not an order should be made. The local authority is expected to start work on this report, or arrange for someone else to do it, as soon as possible after receiving the notice. The court cannot make an order without having received a report. Local authorities are expected to ensure that the social worker who prepares the report is suitably qualified and experienced, but there are no restrictions on who can write the report as there are for adoption.

Court Decision

The court must decide that a special guardianship order is the most appropriate order to make in the child's best interests. The court must consider whether, in addition to the making of a special guardianship order, a contact order should be made and whether any existing Section 8 Orders should be varied or discharged. The court must have the benefit of the local authority report dealing with the suitability of the applicant and any other matters that the local authority considers relevant before it can make an order (Children Act 1989, section 14A(8), (9). When considering whether to make a special guardianship order, the welfare of the child is the court's paramount consideration, and the welfare checklist in section 1 of the Children Act 1989 applies.

Before making a special guardianship order, the court must consider whether to vary or discharge any other existing order made under section 8 of the Children Act 1989. This could include a contact order or a residence order. The court should also consider whether a contact order should be made at the same time as the special guardianship order. A contact order may, for example, require continued contact with the child’s parents.

At the same time as making a special guardianship order, the court may also give leave for the child to be known by a new surname and give permission for the child to be taken out of the UK for periods longer than three months.

What Support Services are Provided By Local Authorities?

Each local authority must make arrangements for the provision of special guardianship support services, which may include:

• Financial assistance (means-tested);
• Assistance with the arrangements for contact between a child, his/her parents and any relatives that the local authority considers to be beneficial;
• This assistance can include cash to cover travel and entertainment costs, and mediation to resolve difficulties with contact.
• Respite care;
• Counselling, advice, information and other support services;
• Services to enable children, parents and special guardians to discuss matters, which might include setting up a support group;
• Therapeutic services for the child.

How We Can Help

Our team of dedicated Family Lawyers has years of experience dealing with all aspects of Family Law and can assist you in securing a Special Guardianship Order.  Applying for a Special Guardianship Order is a big decision, and it is very important to get the right legal advice and representation. Our experienced family lawyers offer clear, sound legal advice on Special Guardianship Orders and can talk you through the considerations you need to make before you decide if this is the correct order for you and the child. 
As your appointed legal representative for a Special Guardianship Order, our highly experienced family law solicitors can provide the required legal help and assistance with your Special Guardianship Order, which may include the following:

• We will assess your eligibility for a Special Guardianship Order by fully assessing your personal circumstances.
• We will give the required notice to the Local Authority for a Special Guardianship Order.
• We will advise you on and assist you with an application to the Family Court for a Guardianship Order;
• We can represent you at a family court hearing where the Judge will decide whether a Special Guardianship Order is in the child's best interests. 
• We can also advise you on the allowances and support you should expect to receive by law, statute, and statutory regulations, and whether the support plan being offered by the Local Authority meets the requirements of the child, and negotiate on your behalf with the Local Authority.

Our Team of Specialist Solicitors for a Special Guardianship Order

Our family law solicitors are specialists in applications for Special Guardianship Orders. As one of the best family law solicitors, we have an excellent track record of helping clients with applications for Special Guardianship Orders. Our highly experienced and fully qualified family law solicitors can provide fast, friendly, reliable advice and legal representation for your Special Guardianship Order application. 

The high quality of legal services provided by our best team of family law solicitors is self-evident from the 5-star Google Reviews rating by 99% of our clients. Our London-based family law solicitors are available 7 days a week, 365 days a year, offering unwavering dedication and exceptional legal support for a wide range of divorce and family law cases. Our family law solicitors bring more than 5 decades of collective, specialised expertise to handle divorce and family law matters.

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Our team comprises a diverse group of family law solicitors, each bringing a wealth of experience and knowledge to the table. We are united by a shared goal: to deliver the highest level of legal support and advocacy tailored to your needs.

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FAQs - Special Guardianship Order

The following are various frequently asked questions (FAQs) about the Special Guardianship Order:

What is a Special Guardianship Order (SGO)?

A Special Guardianship Order (SGO) is a Family Court order that places a child in the long-term care of someone other than their parents, usually a grandparent, relative, family friend, or foster carer. An SGO provides the special guardian with enhanced parental responsibility while allowing the child to maintain their legal relationship with their birth family. It is often considered where adoption is not the most appropriate option.

What are useful online sources of information and guidance for a Special Guardianship Order?

Special Guardianship Guidance

Statutory guidance on the special guardianship services local authorities need to provide in accordance with the Children Act 1989.

Form C13A

Form C13A is used to provide a statement in support of your application for a special guardianship order. You can add a supporting statement to your application to become a child’s special guardian.

Form N142

Form N142 is used to apply for a Guardianship Order.

Special guardianship: guide for family court users (CB4)

This is guidance for anyone considering applying for a special guardianship order.

What is the purpose of a Special Guardianship Order? 

A special guardianship order is intended for those children who cannot live with their birth parents and who would benefit from a legally secure placement as per a family court order. The Special Guardianship Order gives the special guardian parental responsibilities and leaves the guardian free to make decisions about how to bring up your child or children. The special guardianship order does not change the birth parents' legal relationship with the child, so they remain a member of the birth parents' family even though they are living with their special guardian.

Who can apply for a Special Guardianship Order? 

Close relatives of a child can apply to be their Special Guardian – and this might involve grandparents, an uncle or aunt, or a godparent or a close family friend applying to the court for a Special Guardianship Order.

The following people may apply to be special guardians:

• Any guardian of the child;
• Any individual who has a child arrangements order or any person where a child arrangements order is in force and who has the consent of the person in whose favour the child arrangements order is made;
• Anyone with whom the child has lived for at least three years out of the last five years;
• Anyone with the consent of the local authority, if the child is in care;
• A local authority foster parent with whom the child has lived for at least one year preceding the application;
• Anyone who has the consent of those with parental responsibility;
• Anyone who has the court's leave.

NOTE: You must be over 18 years of age, and you can apply on your own or jointly with another person.

Who cannot apply for a Special Guardianship Order? 

A parent of a child may not be appointed as the child's special guardian.

What is a local authority report for a Special Guardianship Order? 

Local authorities are required to produce a report to the court on all children, not just those who are looked after, when an application is made. On receipt of notice of an application, or upon the court's request, the local authority must investigate and prepare a report for the court on the suitability of the applicants to be special guardians.

The regulations say that the local authority report should include certain key information about the child, such as:

• Whether the child has brothers and sisters, and details of both parents.
• The relationship a child has with other family members, and the arrangements for the child to see or keep in touch with them.
• Details of the child's relationship with his/her parents.
• The parent/s' and the child's wishes and feelings.
• The prospective Guardian's family composition and circumstances.
• Parenting capacity.
• Medical information on the child, prospective special guardian and the birth parent(s).
• An assessment of how a Special Guardianship Order would meet a child's long-term interests as compared with other types of order.

This report must include information about the child, the child’s wishes, the child’s birth family, contact arrangements, the prospective special guardian and recommendations about whether or not an order should be made (See the schedule to the relevant regulations for further details). The local authority is expected to start work on this report, or arrange for someone else to do it, as soon as possible after receiving the notice. The court cannot make an order without having received a report. Local authorities are expected to ensure that the social worker preparing the report is suitably qualified and experienced, but there are no restrictions on who can write the report, unlike in adoption.

What support services are provided by local authorities? 

Each local authority must make arrangements for the provision of special guardianship support services, which may include:

• Financial assistance (means-tested).
• Assistance with the arrangements for contact between a child, his/her parents and any relatives that the local authority considers to be beneficial.
• This assistance can include cash to cover travel and entertainment costs, and mediation to resolve difficulties with contact.
• Respite care.
• Counselling, advice, information and other support services.
• Services to enable children, parents and special guardians to discuss matters, including setting up a support group.
• Therapeutic services for the child.

What decisions can the Special Guardians not make on their own? 

The special guardians cannot make the following decisions on their own:

• Changing the child's surname;
• Granting the child permission to marry;
• Placing the child for adoption;
• Consenting to the child being sterilised;
• Granting parental responsibility to a father or step-parent.

What option is available to a party with parental responsibility who disagrees with an application for a special guardianship order? 

If a party with parental responsibility disagrees with an application for special guardianship, they can apply to the Court for a Specific Issue Order or a Prohibited Steps Order. Although it is recommended that any disagreements be resolved through mediation, the Court will always make its decision based on what it considers to be in the child's best interests, taking into account the report prepared by the Local Authority.

What factors will the family court consider to make a Special Guardianship Order? 

When considering whether to make a Special Guardianship Order, the family court’s primary consideration is the best interests of the child concerned.

The family court will also have regard to:

• the wishes and feelings of the child concerned (as far as they can be obtained and in light of the child’s age and level of understanding);
• the child’s physical, emotional and educational needs;
• the likely effect on the child of any change in his/her circumstances;
• the child’s age, sex, background, and any other characteristic which the court considers relevant;
• any harm which the child has suffered or is at risk of suffering;
• how capable each of the child’s parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting the child’s needs;
• the range of powers available to the court under the Children Act in the proceedings in question.

Before making a special guardianship order, the court must also consider whether there are any existing orders, such as a child arrangements order and whether it is necessary to vary or discharge these, or make such an order in addition to a special guardianship order, such as a child arrangements order, to set out the arrangements for the child to spend time with their parents.

Can I get a Special Guardianship Order for my child removed or varied? 

Although a Special Guardianship Order is usually in place until a child is 18, if there has been a significant change in circumstances, the order can be changed in one of two ways:

• The terms of the order can be altered.
• The order can be removed completely, and the child returned to their parents

Anyone wishing to end a Special Guardianship Order must apply to the court, where the evidence will be examined to determine whether the change in circumstances is significant enough to vary the original order. The court will also take into consideration the likely impact of their decision on the child and how disruptive another change in living arrangements would be for them.

What are the alternatives to a Special Guardianship Order?

In the situation where a child is considered to be at risk of harm if they remain in the family home, there are a few alternatives to a Special Guardianship Order, which are as follows:

Foster Care

Unlike a Special Guardian, a foster carer does not have parental responsibility for a child and so is unable to make key decisions about the child’s care and upbringing. Even if the placement is long-term, foster care does not always afford the child the sense of security and belonging that can be gained through a Special Guardianship Order.

Child Arrangements Order

A Child Arrangements Order is a Court Order that sets out who is responsible for a child's care. This type of Court Order is usually used in cases where the parents cannot agree between themselves how to split the care of their child/children.

A ‘child arrangements order’ decides:

• where your child lives;
• when your child spends time with each parent;
• when and what other types of contact occur (e.g., phone calls).

‘Child arrangements orders’ replace ‘residence orders’ and ‘contact orders’. Parents with these orders do not need to re-apply.

Adoption

Adoption severs all connections between the child and their birth parents, placing them permanently with another family. Birth parents lose all parental responsibility once the court order has been issued, and links with the wider biological family are also lost in the majority of cases.

Does a Special Guardianship Order give parental responsibility? 

A Special Guardianship Order gives the special guardian legal parental responsibility for the child, which is expected to last until the child is 18. But, unlike Adoption Orders, these orders do not remove parental responsibility from the child’s birth parents, although their ability to exercise it is extremely limited.

In practice, this means that the child is no longer the responsibility of the local authority, and the special guardian will have clearer responsibility for all day-to-day decisions about caring for the child or young person, and for taking important decisions about their upbringing, for example, their education. And, importantly, although birth parents retain their legal parental responsibility, the special guardian only has to consult with them about these decisions in exceptional circumstances.

How long does the Special Guardian Order last? 

A Special Guardianship Order usually lasts until your child is 18 years old. However, if circumstances change significantly, the Family Court can vary or even discharge the Order.

What is the difference between a Child Arrangements Order and a Special Guardianship Order?

A Child Arrangements Order determines where a child lives and who spends time with them. A Special Guardianship Order provides greater legal security by giving the Special Guardian enhanced parental responsibility and increased decision-making authority, making it more suitable for long-term arrangements.

Can grandparents apply for a Special Guardianship Order?

Yes. Grandparents are among the most common applicants for Special Guardianship Orders. Where grandparents are caring for a grandchild permanently, an SGO can provide long-term legal security and enable them to make important decisions for the child's welfare.

Can foster carers become Special Guardians?

Yes. Foster carers who meet the legal requirements may apply for a Special Guardianship Order. This can provide a child with greater permanence while ending the child's looked-after status if appropriate.

Do I need to notify the local authority before applying?

Yes. In most cases, prospective applicants must provide the local authority with at least three months' written notice before submitting their application to the Family Court. During this period, the local authority prepares an assessment and report for the court.

Will the local authority assess me before a Special Guardianship Order is granted?

Yes. The local authority will usually carry out a detailed assessment of your suitability, including your relationship with the child, your ability to meet the child's long-term needs, your home environment, financial circumstances, and safeguarding considerations. The Family Court will consider this assessment before deciding whether to grant the order.

Can a Special Guardian receive financial support?

Possibly. Depending on the child's circumstances and the outcome of a local authority assessment, Special Guardians may be eligible for financial assistance, therapeutic services, counselling, training, mediation, or other support services. Eligibility varies between local authorities.

Can a Special Guardian change the child's surname?

Not without the appropriate consent or court permission. A Special Guardian generally requires the written consent of everyone with parental responsibility or an order from the Family Court before changing the child's surname.

Can a Special Guardian take the child abroad?

A Special Guardian may usually take the child abroad for short holidays. However, taking the child abroad for more than three months generally requires the consent of everyone with parental responsibility or permission from the Family Court.

Can a Special Guardianship Order be challenged or discharged?

Yes, but it is not easy. Parents and certain other individuals generally require the Family Court's permission before applying to discharge a Special Guardianship Order. The court will only grant permission where there has been a significant change in circumstances and where it is in the child's best interests.

Why should I instruct Premium Solicitors for a Special Guardianship Order?

Premium Solicitors provide clear, practical and compassionate legal advice throughout the Special Guardianship process. Our experienced family law solicitors can:

• Assess your eligibility to apply.
• Advise on the most suitable legal option for your family.
• Prepare and submit your Family Court application.
• Represent you throughout court proceedings.
• Advise on parental responsibility, contact arrangements and support services.
• Protect the child's welfare while helping you achieve a secure and long-term legal outcome.

We offer fixed-fee consultations where appropriate, clear legal advice, and personalised representation tailored to your family's circumstances.