What is a Special Guardianship Order?
A Special Guardianship Order (SGO) is an order that places a child with someone other than their parents until they are 18 years old when they are unable to live with their birth parents and adoption is not appropriate for them. The person(s) caring for them are called ‘Special Guardians’.
What does a Special Guardianship Order mean?
A Special Guardianship Order is made by the Family Court. Special Guardians share parental responsibility with the child’s birth parents but as they have overriding parental responsibility, they can make some decisions about the child without the parents’ consent.
An SGO aims to provide the child with long-term stability and is an alternative to adoption or placing the child in care.
A Special Guardianship Order does not legally end the child’s relationship with their birth parents.
Who can apply to be a Special Guardian?
If you are over 18 and you are not the child’s biological parent, you can apply to be a Special Guardian. If you want to apply for an SGO with someone else (known as a joint application), certain criteria need to be met. You do not need to be married to make a joint application.
You can apply to be a Special Guardian if you fall into one of the following descriptions:
- You hold the title of the legal guardian.
- The child lives with you already due to a Child Arrangements Order.
- The child has lived with you for three of the last five years.
- You’re related to the child, or you are the child’s foster parent, and they have been residing with you for at least one year.
- You have permission from your local council if the child is in care.
- You have permission from those with the current parental responsibility of the child.
- You have the agreement of anyone named in a Child Arrangements Order as someone who the child will live with.
If you do not meet one of the above criteria, you will need to ask the court’s permission to apply for a Special Guardianship Order.
What rights do I have with a Special Guardianship Order?
If you are a Special Guardian, you will have the following rights for the child:
- Parental responsibility.
- Can make day-to-day decisions for them including their upbringing and care.
A Special Guardian will, however, have to seek the child’s birth parents’ permission if they:
- Want to take the child out of the country for more than three months.
- Want to change the child’s surname or religion.
- Want to place the child up for adoption.
They will also need to advise the birth parents if the child dies.
Can I revoke a Special Guardianship Order?
For a parent to revoke a Special Guardianship Order, there must be a significant change in circumstances. You must apply to the court for the SGO to be revoked and provide evidence to enable the court to determine the change in circumstances.
The legal process for revoking an SGO can be potentially lengthy and complex which is why it is recommended to seek legal advice from a child law solicitor.
When does a Special Guardianship Order end?
Under a Special Guardianship Order, you will have parental responsibility for the child until they are 18.
How can I apply for a Special Guardianship Order?
If you would like to make an application for an SGO, you will need to alert your local council in writing three months before you apply. When making an application you will also need to notify anyone named in existing court proceedings or orders about the child that you plan to make an application for.
You can apply for a Special Guardianship Order directly to the court where you will have to fill out an ‘Application for an order’ (form C1), a ‘Supporting Statement (form C13A) and a ‘Family mediation information and assessment meeting’ form (FM1).
If you are on a low income or receive benefits, you may be able to get help with court fees.
Contact our child law solicitors
If you’re looking to apply for a Special Guardianship Order and would like more information, our child law solicitors may be able to help. We can also advise you on challenging an SGO.
Call our team on 0117 325 2929 or fill out our online enquiry form.