Key takeaways
SGOs provide stable alternative care arrangements
Used when children cannot live with parents, often involving relatives.
Different from adoption in permanence and rights
SGOs grant enhanced parental responsibility and can be temporary or permanent until the child is 18 years old.
Application requires notice and legal process
Must notify Local Authority three months before applying to court.
What is a Special Guardianship Order?
A Special Guardianship Order (SGO) is an order that regulates a child’s living arrangements when they cannot or do not live with their parents and is often used by grandparents and other extended family members. An SGO provides a legal framework and consistency to living arrangements and is often sought in difficult circumstances, eg following a family breakdown or bereavement.
How is an SGO different to an adoption?
Adoption is the transition of legal rights for a child from birth parents to adoptive parents and an adoption order is permanent and irrevocable. An SGO can be temporary or permanent until the child is 18 years old. By virtue of an SGO, a Special Guardian has ‘super parental responsibility’ for a child until they are 18, meaning a Special Guardian can exercise parental responsibility to the exclusion of those with parental responsibility. A Special Guardian must still obtain the consent of those with parental responsibility for the following decisions:
changing the child’s surname
taking the child abroad for more than three months
putting the child up for adoption
surgery that doesn’t improve the child’s health, eg circumcision.
Who can apply for an SGO?
You must be over 18 and not the child’s parent to apply for an SGO. Typically, grandparents, aunties, uncles, siblings or step-parents apply but if you do not fall within one of the following categories, you will require the court’s permission to apply for an SGO (see Become a special guardian: Who can apply - GOV.UK):
you are the child’s legal guardian
the child lives with you because of a child arrangements order
the child has lived with you for three of the past five years
you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year
you have the agreement of those named in a child arrangements order as someone who the child will live with
you have the agreement of all the people with parental responsibility for the child
you have the agreement of the local council, if the child is in care.
How to apply for an SGO?
The first step is to notify the Local Authority of your intention to apply for an SGO and you must do so three months before you apply to the court.
In the meantime, you may apply to the local Family Court to protect the interim living arrangement, if necessary. You will need to undertake an individual mediation assessment meeting (MIAM) before applying, unless an exemption applies.
You can apply to the Family Court for an SGO (and permission to apply, if needed), three months after giving notice, but in practice you will usually want to have receipt of the Local Authority’s assessment report first.
The Local Authority will file their report.
If no agreement is reached throughout proceedings, a Final Hearing will be listed and a decision made by the court.
What does the court consider?
The Court’s paramount consideration is the welfare of the child(ren) and decisions will be made in accordance with the welfare checklist which is set out at section 1 of Children Act 1989.
Key points
A Special Guardian can exercise parental responsibility to the exclusion of those with parental responsibility.
Depending on your circumstances, you may need the court’s permission to file an SGO.
Notice must be provided to the Local Authority three months prior to applying for an SGO.
The court’s decisions will be made in accordance with the welfare checklist.
If you would like support in navigating Special Guardianship Order applications, or with any other family-related matter, learn more about how our Family and Relationships team can help.
