Special Guardians

Understanding Special Guardianship

When a child is unable to live with their parents, special guardianship can provide a stable, long-term solution with someone they know and trust. This arrangement offers legal security without severing the child’s relationship with their birth family.

What Is Special Guardianship?

A Special Guardianship Order (SGO) is a legal order made by the family court that places a child in the care of someone other than their parent(s) on a long-term basis. The person or people the child lives with become their special guardian(s) and take on a key role in their upbringing.

Introduced by the Adoption and Children Act 2002, this legal option sits between fostering and adoption, offering a balanced route to permanence.

What Does a Special Guardianship Order Mean?

A Special Guardianship Order gives the special guardian significant responsibilities and legal rights, including:

Providing a long-term, stable home for the child.
Giving the special guardian parental responsibility.
Ensuring continued connection with the child’s birth family.
Allowing the guardian to make most decisions for the child without needing consent from others with parental responsibility (unless they’re also special guardians).
Automatically ending any existing Care Order.

Who Can Apply to Become a Special Guardian?

To apply, you must be over 18 and not be the child’s parent. Applications can be made individually or jointly, regardless of marital status.

You may apply for a Special Guardianship Order if:

You’re a foster carer and the child has lived with you for at least one year directly before applying.
The child has lived with you for three of the last five years, and they haven’t been away from your care for more than three months.
You’re already the child’s legal guardian.
The local authority consents to your application if the child is in their care.
You currently hold a Residence or Child Arrangements Order for the child.
You’re a relative who has been caring for the child for at least one year before applying.
You’ve been granted permission by the court to apply.

What Happens Before You Apply?

Before making your court application, you must notify the relevant local authority in writing at least three months in advance. The authority will then carry out a formal assessment and submit a report to the court, evaluating your suitability to become a special guardian.

If the child is looked after by the local authority, notify that authority.
If not, notify the authority where the child currently lives.

What Support Is Available for Special Guardians?

Special guardians may be entitled to financial and practical support under the Adoption and Children Act 2002. However, support is not guaranteed unless the child has been in local authority care—though you can still request an assessment.

Support may include:

Mediation to help manage contact arrangements.
Counselling, advice, and information services.
Support groups and peer networks.
Therapeutic services for emotional well-being.
Training to help meet the child’s specific needs.
Short-term respite care.
Financial assistance where appropriate.

Discharging a special Guardianship order

If you wish to apply to discharge a special guardianship order for your child I can assist you in doing this.

A SGO will normally last until the child is 18 years of age however this order can be discharged if there is a significant change of circumstance. Anyone with Parental Responsibility or the child themselves can apply to discharge although for the parent leave of the court will have to be obtained to make the application.

I will need to evaluate your change of circumstance to see if it is significant enough and if so assess whether you qualify for legal aid.