When parents separate in circumstances involving serious conflict, a child may need to live with a grandparent, aunt, uncle, older sibling or another relative. Sometimes the arrangement begins informally. However, if the child is likely to remain in that person’s care for the long term, it is important to understand the legal options.

A Special Guardianship Order (SGO) can provide a stable legal framework for kinship care in England and Wales. It gives the special guardian enhanced parental responsibility while preserving the child’s legal relationship with their birth family.

This guide explains the key issues grandparents and other relatives should consider before applying.

What is a Special Guardianship Order?

An SGO is a Family Court order appointing one or more people as a child’s special guardian. It is intended for situations where:

• The child cannot live safely with one or both birth parents;
• Long-term care within the family or wider network is appropriate; and
• Adoption is not considered the right outcome.

An SGO usually lasts until the child turns 18, unless it is later varied or discharged by the court.

The purpose is to provide a secure, permanent family life without completely ending the child’s legal relationship with their birth parents. This makes an SGO different from adoption. The child remains legally connected to their birth family, while the special guardian takes primary responsibility for their upbringing.

Who can apply?

Under the Children Act 1989, a special guardian must be aged 18 or over and cannot be the child’s parent.

Grandparents and other relatives may be entitled to apply without first obtaining the court’s permission where, for example:

• The child has lived with the relative for at least one year immediately before the application;
• The child has lived with the applicant for three of the past five years;
• The applicant is named in a Child Arrangements Order as the person with whom the child lives;
• The applicant is already the child’s guardian;
• Everyone with parental responsibility consents to the application; or
• The local authority consents where the child is in care.

If none of these circumstances applies, the proposed guardian may still be able to apply, but permission: also called “leave”: from the court may be required first.

Eligibility is only the starting point. The court must still be satisfied that making an SGO promotes the child’s welfare and provides a realistic long-term arrangement.

SGO or Child Arrangements Order: which is more appropriate?

A Child Arrangements Order (CAO) can state that a child is to live with a grandparent or another relative. It may be appropriate where the arrangement is secure but the parties do not require the additional legal authority provided by an SGO.

There are important differences:

An SGO does not automatically make every decision solely yours. Certain decisions still require the consent of everyone with parental responsibility or the court’s permission. These may include changing the child’s surname, removing the child from the United Kingdom for more than three months, or placing the child for adoption.

The right order depends on the child’s circumstances, the level of conflict, the proposed contact arrangements and the support required. It should not be treated as a routine alternative to a CAO.

What happens to parental responsibility?

A special guardian obtains parental responsibility when the SGO is made. While the order remains in force, the special guardian is generally entitled to exercise parental responsibility to the exclusion of the child’s parents and other people who hold it, apart from another special guardian.

This usually means the special guardian can make decisions about:

• The child’s day-to-day care;
• Schooling and education;
• Medical treatment;
• The child’s home and routine;
• Activities and travel within the legal limits; and
• Longer-term welfare and development.

The parents do not automatically lose parental responsibility. However, their ability to exercise it is significantly restricted by the SGO. They retain legal rights, including the ability to apply to the court in appropriate circumstances.

If the child is in local-authority care, making an SGO will generally bring the care arrangement to an end. The consequences should be explained carefully before any final order is made.

The local authority assessment and report

The Family Court cannot make an SGO unless it has received the required report from the relevant local authority.

A person intending to apply must normally give the local authority written notice at least three months before making the application. The local authority then investigates the proposed arrangement and prepares a report for the court.

The assessment may consider:

• The child’s history, needs and background;
• Any harm, neglect or instability the child has experienced;
• The child’s wishes and feelings, having regard to their age and understanding;
• The proposed guardian’s relationship with the child;
• The applicant’s health, accommodation and finances;
• The applicant’s capacity to meet the child’s needs throughout childhood;
• Other members of the applicant’s household;
• Criminal-record and safeguarding checks;
• The likely impact of parental conflict;
• The proposed arrangements for contact; and
• What financial, practical, educational or therapeutic support may be needed.

The local authority’s report should include a detailed support plan. The court should not make a life-changing order on the basis of a rushed or incomplete assessment. The Family Justice Council’s best-practice guidance emphasises the importance of thorough, evidence-based assessments and realistic plans for contact and support.

If the child is already involved in care proceedings, the assessment may take place within those proceedings. A relative who is identified late should seek legal advice immediately, as there may be a need for further assessment or additional time before a final decision is made.

The court procedure

The precise procedure will depend on whether the application is private law proceedings or forms part of existing care proceedings. Broadly, the process may involve:

1. Giving written notice to the local authority;
2. Completing the appropriate Family Court application;
3. Serving the application on the relevant parents, guardians and local authority;
4. Obtaining the local authority’s assessment and report;
5. Attending court hearings and complying with directions;
6. Considering the support plan and contact arrangements; and
7. Attending a final hearing where the court decides whether the SGO should be made.

The court’s central consideration is the child’s welfare. It will examine the child’s needs, the risk of harm, the ability of each realistic carer to meet those needs and the likely effect of making: or not making: the order.

A court may also consider whether an existing Child Arrangements Order or other order should be varied or discharged.

Contact with parents and wider family

An SGO does not automatically end contact between the child and their parents. Contact may be:

• Direct or face-to-face;
• Supervised;
• Supported at a contact centre;
• Indirect, such as letters or video calls; or
• Limited or paused where this is necessary for the child’s welfare.

The arrangement should be carefully planned rather than left to assumptions. A useful contact plan should address:

• How often contact will occur;
• Where it will take place;
• Who will make the arrangements;
• How handovers will be managed;
• What happens if contact becomes distressing or unsafe;
• Communication during school holidays; and
• Contact with siblings and other important relatives.

In high-conflict situations, informal arrangements can break down quickly. The court may make a Child Arrangements Order regulating contact alongside the SGO. It is important to consider not only the parent’s wishes but also the child’s emotional security and the practical ability of adults to communicate without exposing the child to conflict.

Financial and practical support

Special guardianship support may include:

• Financial assistance or a special guardianship allowance;
• Help with contact arrangements;
• Therapeutic or counselling services;
• Training and advice;
• Respite or practical support;
• Assistance with equipment or housing-related needs; and
• Support for children who have experienced trauma or instability.

Financial assistance is not automatically payable at a fixed level. It may depend on the child’s history, the local authority’s policy, the guardian’s circumstances and a means assessment. It is not necessarily equivalent to fostering payments.

Ask for a clear written support plan before the order is made. Check whether financial support will be reviewed, what conditions apply and what happens if the child’s needs or your financial circumstances change. The arrangements and eligibility rules can differ between England and Wales and between local authorities.

When should you obtain urgent legal advice?

You should obtain advice from experienced family law solicitors UK as soon as possible if:

• Children’s services have contacted you about caring for the child;
• The child is at immediate risk of removal or harm;
• Care proceedings have started or are about to start;
• You have received a negative viability assessment;
• A parent is threatening to remove the child;
• There is disagreement about contact or handovers;
• You are being asked to accept an SGO without a clear support plan;
• The child may need to move to Wales, England or another country;
• You are unsure whether you need permission to apply; or
• A court hearing is listed and you do not understand your role.

An SGO is a significant, long-term responsibility. Before accepting it, you should understand the effect on parental responsibility, the likely contact arrangements, the available support and the possible consequences if family relationships deteriorate.

Tyndel Solicitors advises grandparents, relatives and other kinship carers on applications, assessments, court proceedings, contact arrangements and support plans. Contact our Family Law team for practical advice tailored to your circumstances.

This article provides general information about Special Guardianship Orders in England and Wales. It is not a substitute for advice on the facts of an individual case.