Special guardianship orders

How an SGO is different to other kinship arrangements

An SGO is a type of kinship care arrangement. You might consider becoming a special guardian for different reasons. For instance:

• the court is considering you as a special guardian during care proceedings
• you have been looking after a child informally, or under a child arrangements order (CAO), and you now want to gain more parental responsibility for them
• you are a kinship foster carer, and are being asked by the local authority to apply for an SGO

An SGO is different to other kinship care arrangements because it’s intended to be a permanent arrangement for a child. But as a kinship carer, the arrangement you have should be the one that best suits:

• you
• your kinship child
• the child’s parents
• other important family members

Everyone’s circumstances are different.

You can read about other kinship care arrangements in our guides.

SGOs and parental responsibility

As a special guardian, you have enhanced parental responsibility for the child until they are 18.

This enhanced parental responsibility means that you can make most day-to-day decisions for the child. You still need the consent of other people with parental responsibility (such as the child’s mother or father) in some situations. You might also see this referred to as overriding parental responsibility, or you may hear people mention that a special guardian has 51% parental responsibility.

Who can apply for an SGO

Only certain people can apply for an SGO. 

 You have the right to apply to the family court for an SGO if your situation is one of the following:  

• you already have a residence order or child arrangements order for the child   

• the child has lived with you for at least 1 year and you are the child’s: 

• • grandparent 

• • aunt or uncle 

• • brother or sister (including by half blood, marriage or civil partnership) 

• • step-parent 

• you are the guardian of the child, appointed by the parent or special guardian to look after the child following their death  

• you are a local authority foster carer who has had the child placed with you for at least a year   

• the child has been living with you for at least 3 years out of the last 5    

You can also apply if you have the consent of one of the following:   

• children’s services, if the child is in their care  

• everyone else who holds parental responsibility, including anyone who already holds a residence or child arrangements order   

If you’re not covered by any of the above circumstances, you can still make an application to the court for permission to apply.   

You must be 18 or over to apply for a special guardianship order.  

You can find the most up-to-date list of who can apply for a special guardianship order on GOV.UK. 

The application and legal process

There are 2 routes through the family court:

• private arrangements
• public arrangements

Private arrangements

A family member (or other connected person) applies to the family court for an SGO themselves. There’s usually an informal arrangement that needs to be legally formalised. If you’re unsure about your legal status you should always seek legal advice before applying for a private law SGO.

Read our advice guide on how to make a private application for a special guardianship order.

Public arrangements

The local authority has brought the case because they’re already involved. This is usually when there are care proceedings. The case is usually between the local authority and the parents.

You may not need to attend court until the final hearing where the court grants the order. They’ll let you know if they want you to attend at any point in the process.

If you want to be involved in the process, you’ll need to apply to become “party to proceedings”. This means you have a say in the court’s decision and access to the relevant documentation. Whether the court grants you party status can depend on the specifics of the case and the court’s discretion.

If your case is a public arrangement, the court has a strict 26-week deadline.

Assessment for a special guardianship order

A social worker will assess you as part of your application to become a special guardian. The assessment goes into a lot of detail and includes information about:

• you
• your background
• the child
• any support you think you will need

The social worker will then write a report. The family court will use this to look at your suitability and the child’s needs before making a final decision.

Read our advice guide on assessment for a special guardianship order.

SGO support plan

An important part of the special guardianship process is creating a support plan. Children’s services create the plan, but you can have a say about what goes into it.

The support plan sets out the support provided to you and the child once you become a special guardian.

The support plan is crucial to getting the support you need as a special guardian. It should be specific to the child and clearly set out the available support to meet their needs.

Read our advice guide on the special guardianship support plan for tips on what can go into a support plan, and how to work with children’s services.

How long an SGO lasts

The arrangement lasts until the child is 18. The purpose of special guardianship is to provide the child with stability for the long term.

However, there are some circumstances in which a court will end an SGO. Sometimes, the parents’ circumstances change, and the best decision is for the child to return to their care.

Read our advice guide about ending an SGO if everyone involved agrees.

Financial help and benefits

You might get a discretionary, means tested SGO allowance. If you do, it’s reviewed every year and can go up or down.

You are more likely to get an allowance if either:

• you were a kinship foster carer
• your kinship child was in unrelated foster care

and they were previously looked after by the local authority.

You can ask to see your local authority’s local offer, which will include information about their SGO allowances.

You may also get access to other benefits, for example, benefits for families.

Read more about financial support for special guardianship orders.

Getting support

All children’s services departments should have a kinship local offer, which includes the support they offer to kinship carers. You can find this as well as other services, information and support in your local area using our Kinship Compass.

Kinship carers with a special guardianship order can also get information and advice from their virtual school. Read more about how virtual schools could support your kinship child.

Going through the process to become a special guardian can be a stressful time. We offer a range of free support for all kinship carers, including workshops, online advice and information, and support groups.

Contact our advice service to speak to an adviser or book an appointment.