What Are Special Guardianship Orders and How Do They Work?
A Special Guardianship Order (SGO) is a legal arrangement in the UK that grants an individual or individuals enhanced parental responsibility for a child who cannot live with their birth parents. Special guardianship provides a long-term, secure placement while maintaining some legal ties with the birth family, making it an alternative to adoption or long-term fostering.
In this article, we will explore what Special Guardianship Orders are, who can apply, the legal process, rights and responsibilities of special guardians, and how they compare to other forms of child care arrangements.
1. What Is a Special Guardianship Order (SGO)?
A Special Guardianship Order (SGO) is a court order under the Children Act 1989 that gives a special guardian parental responsibility for a child until they turn 18. Unlike adoption, an SGO allows the child to maintain a legal relationship with their birth family while placing them in a stable, long-term home.
Key Features of an SGO:
✅ Provides a child with a permanent home without severing all ties with their birth family.
✅ Grants enhanced parental responsibility to the special guardian, which allows them to make major decisions about the child’s upbringing.
✅ Remains in place until the child turns 18, unless overturned by the court.
✅ Birth parents retain some parental responsibility, but the special guardian has the final say in most matters.
2. Who Can Apply for a Special Guardianship Order?
An SGO is often sought by relatives, foster carers, or close family friends who wish to provide a child with a stable and secure upbringing.
You can apply for an SGO if you are:
🔹 A grandparent, aunt, uncle, or other relative who has been caring for the child.
🔹 A foster carer who has been looking after the child for at least one year.
🔹 Any person with whom the child has lived for at least three years out of the last five.
🔹 Someone with the permission of the court (if you do not meet the standard eligibility criteria).
In most cases, applicants must be at least 18 years old, and there is no upper age limit.
3. The Legal Process of Applying for an SGO
Step 1: Notify the Local Authority
Before applying for an SGO, you must give your local council at least three months’ notice. The local authority will then carry out a Special Guardianship Assessment to determine if the arrangement is in the child’s best interest.
Step 2: The Special Guardianship Assessment
The local authority will assess factors such as:
🔹 The applicant’s ability to provide a stable home.
🔹 The child’s welfare, emotional needs, and wishes.
🔹 The child’s relationship with birth parents and extended family.
🔹 Whether there are any risks, such as domestic violence or substance abuse.
This assessment results in a Special Guardianship Report, which is presented to the court.
Step 3: Submitting the Court Application
Once the assessment is complete, you must apply to the family court by submitting Form C1 and any supporting documents.
Step 4: The Court Hearing
The court will review:
✅ The Special Guardianship Report from the local authority.
✅ The views of the child, parents, and social workers.
✅ Whether the order will serve the child’s best interests.
If the court approves the SGO, a Special Guardianship Order is granted, giving you parental responsibility for the child.
4. What Rights and Responsibilities Do Special Guardians Have?
A Special Guardianship Order gives the special guardian exclusive parental responsibility over most aspects of the child’s life.
What You Can Do as a Special Guardian:
✅ Make important decisions about the child’s education, healthcare, and religion.
✅ Apply for a child’s passport and travel abroad for up to three months without permission.
✅ Decide on the child’s daily care and routine.
✅ Manage the child’s finances and welfare.
What You Cannot Do Without Court Approval:
❌ Change the child’s surname.
❌ Move the child abroad for longer than three months.
❌ Give the child up for adoption.
❌ Sever the birth parents’ legal ties to the child.
While the birth parents retain some parental responsibility, the special guardian has the final say on most major decisions.
5. Financial Support for Special Guardians
Special guardians may be eligible for financial support from the local authority, including:
💰 Special Guardianship Allowance – A means-tested financial support for guardians who need assistance.
📚 Child Benefit & Tax Credits – Special guardians can claim child-related benefits.
🏡 Foster Carer Support – If the special guardian was previously a foster carer, they may receive transitional financial support.
Each council has its own policies regarding financial assistance, so it’s advisable to check with your local authority.
6. How Does Special Guardianship Compare to Adoption & Foster Care?
| Aspect | Special Guardianship Order | Adoption | Foster Care |
|---|---|---|---|
| Parental Responsibility | Shared (but guardian has final say) | Fully transferred to adoptive parents | Local authority retains responsibility |
| Birth Parents’ Rights | Limited but still exist | Completely removed | Retained but supervised |
| Legal Status | Long-term but ends at 18 | Permanent | Temporary |
| Financial Support | Possible allowance | No financial support | Foster carer payments |
| Child’s Identity | Keeps original surname and family ties | Becomes part of new family | Remains in care system |
Special guardianship offers more permanence than fostering but allows the child to maintain a legal link with birth parents, unlike adoption.
7. Can a Special Guardianship Order Be Challenged or Revoked?
Although SGOs are meant to be permanent, they can be revoked or changed under exceptional circumstances.
Who Can Challenge an SGO?
- Birth parents (if they prove a significant change in circumstances).
- The child (if they are old enough to express their wishes).
- The local authority (if the child’s welfare is at risk).
If a challenge is made, the court will reassess the child’s best interests before making any changes.
Final Thoughts: Is Special Guardianship Right for You?
A Special Guardianship Order is a valuable legal tool that provides long-term stability for children who cannot live with their birth parents. While it grants special guardians enhanced parental responsibility, it also maintains some legal connections with the child’s birth family.
If you are considering applying for an SGO, seeking expert legal advice is crucial to ensure the best possible outcome for the child. At TPC Legal, our experienced family law solicitors can guide you through the entire process, from application to final court approval.
👉 Need Legal Assistance? Contact TPC Legal today for professional guidance on Special Guardianship Orders.