Special Guardianship Orders: What every carer needs to know

A Special Guardianship Order (SGO) is a legal arrangement appointing one or more individuals as a child’s special guardian. Determined under the Children Act 1989, it grants parental responsibility, allowing key decisions to be made about the child’s upbringing.

For family carers, an SGO can grant a more stable and long-term solution, bringing peace of mind.  Joanne Ellaway from Coodes’ Family team explains the order in more detail.

The benefits of a Special Guardianship Order

SGOs are typically used when it is not in a child’s best interests to live with their parents and a more stable arrangement is needed. Often, this could be a grandparent, relative or close family friend.

While birth parents retain their parental responsibility, a special guardian holds overriding parental responsibility. This means making day-to-day decisions about the child’s care without needing parental consent. This could include matters such as contact arrangements, education and medical treatment.

An SGO differs from a Child Arrangements Order which sets out a child’s living arrangements and contact time with certain relatives. Carers share parental responsibility equally with the parents and must consult them on decisions. In contrast, an SGO offers greater legal security and autonomy. Special guardians have more independence but still preserve the child’s legal connection to their parents.

Once granted, an SGO can only be discharged with the court’s permission, making it a more stable and long-term solution.

Who can apply for a Special Guardianship Order?

You may be eligible to apply for an SGO if you are caring for a child under an informal arrangement as the parents are unable to do so. Applicants must be over 18 years old and cannot be the child’s parent.

Applicants do not need the court’s permission to apply to be a special guardian if they meet one of the following criteria:

• You’re the child’s guardian
• You’re named in a Child Arrangements Order as someone the child lives with
• The child has lived with you for at least three of the last five years
• You have the Local Authority’s consent (if the child is in care)
• You’re a foster carer and the child has lived with you for at least one year
• You’re a relative and the child has lived with you for at least one year
• You have the consent of all the individuals with parental responsibility

Others may still apply but will need the court’s permission.

How to apply for a Special Guardianship Order

If you meet the above criteria and can apply without court permission, your first step is to notify the Local Authority of your intention. They will carry out a Special Guardianship assessment which typically takes around three months. If the outcome is positive, then you can apply to the court for the order.

In some cases, it may be that the Local Authority will approach you directly. For example, you may be asked to consider becoming a special guardian during care proceedings. In these situations, they will manage the assessment process and you won’t need to make a separate application.

Support for special guardians

If your assessment is successful, the Local Authority should prepare a Special Guardianship Support Plan. This may include:

• A financial assessment (based on a person’s income)
• Ongoing financial support
• Access to training and therapeutic services
• Respite care
• Help with contact arrangements
• Support groups for special guardians

Additional support varies depending on the individual’s circumstances and the child’s specific needs.

Legal advice

If you are considering applying to become a special guardian, or you have been approached by the Local Authority and are looking for more information, seeking legal advice can be helpful. At Coodes, our experienced Family law team can guide you through the process.

In cases involving care proceedings, the Local Authority may fund a one-off legal consultation to help you understand your rights and responsibilities as a potential special guardian.

Joanne Ellaway, Solicitor in Coodes’ Family team, specialises in care proceedings and represents family members and family friends in Special Guardianship cases. Contact her at joanne.ellaway@coodes.co.uk or call Coodes on 0800 328 3282.