Special guardianship orders

Who can apply for a special guardianship order?

Only certain people can apply for a special guardianship order. You have the right to apply to the family court for an SGO if:

• you already have a residence order or child arrangements order for the child
• you are the child’s grandparent, aunt, uncle, brother or sister (including by half blood, marriage or civil partnership) or step-parent, and the child has lived with you for at least 1 year
• you are a guardian of the child who was appointed by the parent or special guardian to look after the child following their death
• the child is in the care of children’s services, and they consent to you making an application
• you are a local authority foster carer who has had the child placed with you for at least a year, or
• 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:

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

How to apply

There are 2 routes to becoming a special guardian: private law and public law.

If children’s services are involved in your arrangement, then you will go through public law proceedings.

Ask children’s services what the process will involve and what you will need to do.

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 will go through private law proceedings. This is an arrangement between individuals, such as family members.

Before you apply for an SGO, it’s important that you get legal advice.

You need to tell children’s services in writing 3 months before the date you want to apply to the court for an SGO.

A social worker will complete an assessment to show that you are able to care for the child. The assessment goes into a lot of detail and includes information about you and your background, the child and any support you think you will need.

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

If you are on a low income or receive government benefits, you may be able to apply to the family court to get help with paying court fees.

How long does it last?

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

It can only be ended by asking the court for an application to end the order.

Parental responsibility

As a special guardian, you have parental responsibility for the child until they are 18 years old. The child will live with you permanently.

You will make both day-to-day decisions about their care and more important decisions about their life.

Parents retain parental responsibility and share this with the holder(s) of the special guardianship order.

However, special guardians have overriding parental responsibility.

Decision-making

Unless it is unsafe or difficult to do so, working with parents on decision-making can work in the best interests of the child. Keep parents informed about decisions, and get their consent for important decisions including:

• changing the child’s surname
• changing the child’s religion
• taking the child abroad for more than 3 months
• putting the child up for adoption
• surgery that doesn’t improve the child’s health, such as circumcision

If you cannot get consent, you can ask the court to decide by completing a C2 form. This form is to make an application in existing court proceedings.

If someone else who has parental responsibility does not agree with your decisions about the child, they can ask the court for permission to make an application for an order, but the court does not have to agree to grant permission.

If it is safe and feasible to do so, it can be helpful to write up an agreement between you and the parents that lists some of the decisions you might need to make, and who will be involved in making them.

Benefits and financial help

There is a discretionary, means-tested special guardianship order allowance. You are more likely to get an allowance if the child was in care of children’s services before the order was made.

You are more likely to be paid an allowance if the child was previously placed with you as a kinship foster carer (looked-after child). You may not receive the same level of payments that you did as a kinship foster carer, because allowances are means tested.

Your local council’s family and friends care policy will include information about their special guardianship order allowances.

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

Read more about financial support for special guardianship orders.

Support you can get

Children’s services must provide support services for special guardians and the children in their care in their local area, which may include:

• help with contact arrangements
• therapy
• counselling
• advice and information
• access to support groups
• respite
• financial support
• training courses

Ask children’s services about an assessment for support. Or speak to your solicitor, if you have one, about what you might be entitled to.

All children’s services departments should have a family and friends care policy, which includes the support they offer.

Use our Kinship Compass tool to find your local children’s services’ family and friends care policy.