A Guide to Special Guardianship Orders
Posted on 23rd April 2025 at 10:26
What is a special guardian? For a number of different reasons, it may not be in a child’s best interests to live with their parents and instead it is decided that they should live with someone else, such as a grandparent or family member. When this situation occurs, a Special Guardianship Order (SGO) may be considered to secure this living arrangement.
An SGO is a court order that places a child in long-term, permanent care with someone other than their parents. The order grants parental responsibility to the special guardian who will therefore be allowed to make decisions about the child’s care, schooling, medical treatment and more until the child is 18.
For many people, an SGO can be a positive outcome of legal proceedings. The child involved in proceedings will have a stable living arrangement and can remain in contact with their birth family. The order does not take parental responsibility away from the birth parents.
An SGO is not the same as adoption or fostering. Unlike adoption, an SGO does not end the relationship between the child and their birth family. Whilst the local authority will provide a support plan, a special guardian has less support and more independence from the local authority than a foster family.
Whilst the special guardian has overriding parental responsibility, there are limitations on some decisions made in respect of the child, such as changing their surname or moving to a new country for three months or more.
Can I apply for a Special Guardianship Order?
If you are interested in becoming a special guardian, you will have to check if you have the right to before doing so. You can apply if:
you are the child’s grandparent, aunt, uncle, sibling (including half or step-sibling) or step-parent, and the child has lived with you for at least 1 year
you already have a residence order or child arrangements order for the child
you are a guardian appointed by the parent or special guardian following their death
the child is in the care of children’s services and they consent to an application
you are a local authority foster carer who has had the child 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 make an application if the parents and/or everyone with parental responsibility provides consent.
If none of the above apply, you can still make an application to the court asking for permission to apply for an SGO.
Discharging a Special Guardianship Order
An SGO will end when the child reaches 18 years old or if someone applies to the court to have the order discharged. Usually, a person will need permission for the court to apply to end the order. If there has been a significant change in the circumstances, the court may agree.
If permission is given and an application to discharge an SGO is made, the court will consider a number of factors including the child’s circumstances and welfare, the special guardian’s views, the plan for returning the child to their parents' care and more.
Seeking legal advice is a very useful step if you are considering applying to become a special guardian. Rosie Bracher Solicitors has experience with SGOs and will help you understand the responsibilities of a special guardian and guide you through the process.
Contact us today to speak to one of our experienced family lawyers.
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