If you are a kinship carer going to court, know how to prepare and what to expect.
How to make a private application for a special guardianship order
If you’ve decided an SGO is the right option for your kinship family, find out what’s involved in making an application without the involvement of children’s services.
This advice applies to: England
On this page
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Deciding if a private law application for an SGO is right for your family
If children’s services were not involved in placing the child with you, and you and the parent decide that special guardianship would be in the best interests of the child, you can apply for a special guardianship order through private law proceedings. This is an arrangement between individuals, such as family members.
Sometimes, local authorities will offer to pay for you to make a private application for an SGO.
You can read about special guardianship orders and whether you are legally allowed to apply on our advice page.
Get legal advice
Before you apply for a special guardianship order (SGO), it’s important to get legal advice. Legal advice can help you understand your options and get the support your kinship family needs.
Read our advice guide on getting legal advice and information. This guide will help you find sources of free legal advice and gives guidance on how to find a solicitor if you want to.
You can choose to hire a private solicitor to help and represent you through the process, or you can choose to represent yourself. Read more about representing yourself in court.
Inform children’s services
Tell children’s services 3 months before
When applying privately, you need to tell your local authority’s children’s services 3 months before the date you send your application for an SGO to the court. This applies even if the child has been living or currently lives some of the time in a different local authority.
You must tell them in writing. You can find details of your children’s services team through Kinship Compass.
Assessment process
Once you’ve contacted children’s services, a social worker will arrange to meet you and carry out an assessment.
Attend a Mediation Information Assessment Meeting (MIAM)
Family mediation is a way of coming to agreement about arrangements outside of court. A mediator is an independent person who can help you reach an agreement. Before you make an application for an SGO privately, you must attend a MIAM.
There is a cost for this. Check if you can apply for the family mediation voucher scheme run by the government.
This meeting is to show you have considered family mediation. The mediator will assess whether family mediation is appropriate for your situation. There is an additional cost for this, but legal aid may cover it.
You may not need to attend a MIAM if:
- children’s services are involved because they are concerned about the child’s safety
- the case is urgent
- the case involves domestic violence
- you have already tried mediation for the same issue within the last 4 months
If you are unsure about whether you will need to attend a MIAM, ask your solicitor.
Find a local family mediator through the Family Mediation Council’s website.
Complete and submit forms – FM1, C1 and C13A
Applying for a special guardianship order is also known as making an application under the Children Act 1989.
To apply for a special guardianship order, you’ll need to fill out forms C1, C13A and FM1
This is the form that shows you have considered mediation or that you are exempt from mediation. The mediator must sign this form.
Use the C1 form to apply for a special guardianship order. On this form you’ll add your name and address, as well as those of the children and other family members involved.
The C13A form is for you as a prospective special guardian to provide a statement in support of your application.
Paying for the application and court fees
Once you’ve filled out the forms and made copies, you will pay the fee. Find out if you can get help paying for this fee.
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. The application for a special guardianship order is ‘making a new application under the Children Act 1989’.
Get support
Understanding legal terminology and complex forms can be difficult. It can be helpful to talk to other people who have been through the same process.
You can:
Next steps
Once you’ve made your application, you can:
- find out more about the assessment for a special guardianship order
- find out about the special guardianship support plan, to get support from your local authority
- find out about representing yourself in court
- find out about going to court
Related advice and information
If you've decided to represent yourself in court as a litigant in person, this page provides an overview of the application process and what you need to prepare.
Understand what the support plan is, what you should ask for and how to advocate for your family's needs throughout the process.
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