Free Initial Assessment

Direct lawyer contact

No hidden costs

Prompt response

Fully accredited

Family Law

Special Guardianship

Sometimes a child is looked after by a family member, a close friend or a former foster carer rather than a parent. When this arrangement needs to be made permanent, then a Special Guardianship Order (SGO) may be required. Our solicitors can advise you about applying for an SGO, draft your application and guide you through the whole process.

Call us 0808 304 7471

Let's Talk

What is a Special Guardianship Order (SGO)?

A Special Guardianship Order is a formal court order that grants somebody (or more than one person) parental responsibility for a child.

Special Guardianship Orders are permanent, meaning that the child will live with that person – their ‘special guardian’ – permanently. 

Why apply for a Special Guardianship Order?

A SGO has several benefits:

  • The child has the security of a permanent and stable home.
  • The child’s special guardian is permitted to make day-to-day decisions regarding the child.
  • Unlike adoption, the child’s birth parents do not lose parental responsibility but share it with the special guardian. The special guardian must consult the parents over big decisions involving the child, such as moving overseas or changing the child’s name.

Get in touch

Contact our expert team today and receive your free initial assessment

Call 0808 304 7471

Contact us

Who can apply for a Special Guardianship Order?

To apply for a SGO, you must not be the child’s birth parent, and you must be over 18 years old.

You can apply if:

  • You are the child’s foster carer, and they have lived with you for at least a year prior to your application.
  • The child has lived with you for at least three of the last five years, and they have not stopped living with you more than three months before you applied.
  • You are the child’s guardian.
  • The child is in local authority care, but the local authority agrees to your application.
  • You have a Child Arrangements Order or a Residence Order.
  • You are the child’s relative, and they have lived with you for at least a year before you applied.
  • You have been given permission to apply by those with parental responsibility for the child.
  • The family court has given you permission to apply.

If you are applying for a SGO as a joint applicant, you do not need to be married to the other applicant.

How will you be assessed for a Special Guardianship Order?

Under the Special Guardianship Order Regulations 2005, a local authority must assess an applicant’s suitability before the court can grant a SGO. The assessment process is comprehensive and involves many meetings with social workers.

As part of the assessment, the local authority will consider your:

  • Previous marriage, civil partnership or cohabiting relationships
  • Current relationship
  • Relationship with the child
  • Parenting experience
  • Health history, income, expenditure and employment history
  • Reasons for applying for a SGO
  • Aspirations for the child.

They will also assess:

  • Other members of your household
  • The child’s feelings and wishes.

The local authority will request personal references and a medical assessment from your GP. They will also undertake criminal record (DBS) checks.

Local authorities must provide financial support and other services under the Adoption and Children Act 2002. However, unless a child was looked after by the local authority immediately before the SGO was granted, there is no automatic entitlement to these services.

Special guardians can request that the local authority carry out an assessment to find out whether they are eligible for services. It is the local authority’s decision whether to carry out an assessment, and this will depend upon the needs of the child and the family. The local authority must write to the child’s special guardian and explain the reasons for their decision within 28 days.

As well as providing financial support the local authority might offer:

  • Access to local support groups
  • Counselling, advice and information
  • Mediation to assist with contact arrangements with the child’s parents
  • Respite care
  • Special training to help the guardian meet the child’s needs.

Our family solicitors at Davisons can advise you about applying for special guardianship support services. We can also advise you what to do if you disagree with a local authority’s decision.

Where a child can continue to have a positive relationship with their parents, a Special Guardianship Order may be the right option. In other circumstances, a SGO might not be in the child’s best interests.

There are several alternatives to applying for a SGO:

  • Adoption. Adoptive parents have parental responsibility for a child. The child’s birth parents lose parental responsibility and cannot make decisions about the child’s life.
  • Fostering. Foster parents do not have parental responsibility for a child. Fostering can be a long-term arrangement, but it is not usually permanent.
  • Child Arrangements Order. When somebody is granted a Child Arrangements Order by the court, they share equal parental responsibility with the child’s parents.

Contact our family lawyers

We understand that applying for a Special Guardianship Order can cause considerable emotional strain. Our empathetic family lawyers are here to support you and protect the child’s interests.

If you have any questions about applying for a Special Guardianship Order or if somebody is applying for a SGO for your child, please talk to us.

Have any questions or need any help?

Our team of specialist lawyers are experts in their field. Be confident in their advice and decisions to help get the right outcome for you. Contact us today to see how we can help

Call us on +44 0808 304 7471

Get in touch

Special Guardianship FAQs

A SGO normally remains in place until a child is 18 years old unless the court decides otherwise.

Special Guardianship Allowance is currently £18 per week. It is tax-free and payable on top of Child Benefit. You are eligible for the allowance if both the child’s parents have died. In some circumstances, you may also receive the allowance if there is one surviving parent.

Local authorities must provide financial support and other services under the Adoption and Children Act 2002. However, unless a child was looked after by the local authority immediately before the SGO was granted, there is no automatic entitlement to these services.

Special guardians can request that the local authority carry out an assessment to find out whether they are eligible for services. It is the local authority’s decision whether to carry out an assessment, and this will depend upon the needs of the child and the family. The local authority must write to the child’s special guardian and explain the reasons for their decision within 28 days.

As well as providing financial support the local authority might offer:

  • Access to local support groups
  • Counselling, advice and information
  • Mediation to assist with contact arrangements with the child’s parents
  • Respite care
  • Special training to help the guardian meet the child’s needs.

Our family solicitors at Davisons can advise you about applying for special guardianship support services. We can also advise you what to do if you disagree with a local authority’s decision.

Occasionally, a child is cared for by a family member, close friend, or former foster carer instead of a parent. When this arrangement needs to become permanent, a Special Guardianship Order (SGO) may be necessary. 

A Special Guardianship Order (SGO) is a legal provision aimed at addressing the needs of children who are no longer living with their birth parents. It offers more stability and security for the children and their caregivers than long-term fostering, while still maintaining some legal connections with their birth parents, unlike adoption which completely terminates those ties.