Applying to end a special guardianship order

Ending an SGO when everyone agrees

Ending a special guardianship order (SGO) is something only a court can agree to do. This page explains the process if:

• the child’s parent can show the court they have made significant changes in their life
• it’s in the child’s best interests that they return to their parent
• you agree to ending the SGO

If this is not the case, refer to the support section to speak to our advice team.

Ending an SGO is also referred to as discharging an SGO or revoking an SGO.

Getting legal advice

Before going back to court to have an SGO ended or changed, it’s a good idea to get legal advice. Read more about how to do this in our legal advice guide.

Attending a mediation information assessment meeting (MIAM)

Anyone with parental responsibility should attend a MIAM before making an application to end the SGO, unless you are exempt. In agreed cases, the MIAM does not change the outcome, it is simply the step required to progress the application. It’s run by a mediator – an independent person who can help you reach an agreement.

There is a cost for this. Check if you can apply for the family mediation voucher scheme run by the government.

During the MIAM, the mediator will confirm that everyone understands the process and check whether you need mediation (in agreed cases it usually isn’t).

Once you have attended a MIAM, fill out and submit form FM1. The mediator will sign this form and you’ll get a copy.

Making an application

As the holder of the SGO, you need to apply to the court.

1. Fill out a C1 form to make the application – stating you want to end the SGO and why this is in the best interests of your kinship child.
2. Write a statement outlining how the parent’s circumstances have changed, and why you believe they are now the best person to look after your kinship child.
3. Ask the parent to gather evidence that shows their change of circumstances, for example, a statement from a social worker.
4. Inform the local authority involved in the original proceedings that you are applying to end the SGO. It is likely they will need to arrange for a social worker to carry out an assessment with the parent before the court will consider whether to discharge the SGO.

Paying for the application

You can find out how much it costs to apply to the court on the family court fees page of the government website. Look under ‘Applications of the Children Act 1989’ section.

You can ask the court to waive the fee if you are receiving a means tested benefit or have a low income. Request this by filling out the EX160 form, available from the GOV.UK website.

The court will consider the welfare of the child

The court will decide whether to discharge the SGO. The court’s focus will be the welfare of the child, as set out in the welfare checklist.

The court will assess:

• the child’s wishes and feelings, depending on their age and understanding
• the child’s current needs and circumstances
• the child’s relationship with their parent and whether returning to their care will meet their emotional and physical needs
• any risks or potential harm
• changes to the parent’s circumstances

The court will usually ask the local authority or Cafcass to prepare a report about the child’s circumstances and whether they believe the court should discharge the order. This may involve speaking to the child, the parent and you as the special guardian.

The court will then list a hearing to consider the information before deciding whether to end the SGO.

Planning for the child to return to their parent

Even when everyone agrees the SGO should end, the court will want to understand how the child will move back to live with their parent.

This might include a gradual transition, where the child spends increasing amounts of time with their parent before returning to live with them permanently.

The court may also want to know what arrangements are in place to support the child emotionally and practically during this change.

Other times parents or carers want to end an SGO

If the child’s parents are telling you they want the SGO ended, but you don’t agree, the parents don’t have an automatic right to end the order. In most cases they need to ask the court for permission to apply. They can only apply to discharge the order if the court grants permission. And they must prove their circumstances have significantly changed.

Read what to do if you’re worried about a child’s safety.

If you are struggling to take care of your kinship child and are thinking of ending your order, reach out to our advice team, contact a local peer support group, or our ‘Someone Like Me’ service.

Support from Kinship

Here at Kinship, we offer a range of free support for all kinship carers, including workshops, online advice and information, and support groups.

To find services, information and support in your local area, including information about your local children’s services, use our Kinship Compass tool.

You can also contact the Kinship advice team for free, non-judgmental advice and information if you live in England or Wales.