For many children, living with their parents is not always possible or safe. When this happens, the court may decide that a child should live with a trusted family member or another significant person in their life. To secure this arrangement and give the child long-term stability, a Special Guardianship Order (SGO) may be considered.
A Special Guardianship Order offers a unique balance: it gives a child long-term security and gives their carer the authority they need to meet the child’s day to day and long-term needs until they are 18. Below is a clear guide to help you understand what Special Guardianship involves and what support is available
Benefits of an SGO
An SGO provides a child with long term security, emotional stability, and a sense of belonging. Unlike adoption, it preserves the child’s legal link to their birth family while giving the special guardian the authority needed to make day to day decisions about the child’s upbringing.
Key benefits include:
- Long-term stability in a familiar and safe environment
- The Special Guardian(s) acquires Parental responsibility (PR) for the duration of the Order
- The ability for the carer to make important decisions about schooling, medical treatment, and daily care
- Reduced involvement from children’s services compared to fostering
- Preservation of the child’s identity, connections, and cultural ties
Parents retain PR, but the Special Guardian can use their PR to the exclusion of others and so the parents are not able to interfere with day-to-day decisions in respect of the child’s upbringing. However, special guardians cannot change a child’s name, take them out of the UK for more than three months, or consent to their adoption without permission from the parents or the court.
Who can apply for an SGO
You may be eligible to apply for a Special Guardianship Order if you are:
- A grandparent, aunt, uncle, sibling (including half or step siblings), or step-parent, and the child has lived with you for at least one year
- Someone who already holds a Residence Order or Child Arrangements Order
- A guardian appointed by the parent or special guardian after their death
- A local authority foster carer who has cared for the child for at least one year
- A person who has cared for the child for three of the last five years
- A carer applying with the parents’ consent or the consent of anyone else with parental responsibility
- A person who has the consent of the local authority in whose care the child is
If none of the above applies, you can still ask the court for permission to apply.
You must be over 18.
How to apply for an SGO
Applying for a Special Guardianship Order involves several key steps:
- Notify the Local Authority of your intention to apply. They must be given at least three months’ notice.
- Submit an application to the family Court.
- The Local Authority will carry out a full assessment, which includes details about your background, capacity to meet the child’s needs, and the child’s wishes and feelings.
- A detailed Special Guardianship Report is then prepared and submitted to the court together with a support plan detailing financial and practical support to be made available.
- The court will list a hearing which the parents will be invited to attend and give their views on the application. The Court will decide whether granting an SGO is in the child’s best interests.
Local Authorities are legally required to assess the needs of special guardians and provide support where necessary. The Kinship Local Offer 2024 guidance confirms that all local authorities must publish information about services they offer in their area for children in kinship care and their families, and their approach towards meeting the needs of children in these arrangements.
If the Local Authority has approached you about becoming a special guardian, or if you are considering applying yourself, seeking early legal advice can help you understand the process and prepare for assessment.
Support for Special Guardians
Becoming a special guardian can be very rewarding, but it also brings practical, behavioural, and emotional challenges, particularly when supporting a child who has experienced instability, neglect, or trauma.
I recently came across an article (https://childrenssocialcare.blog.gov.uk/2025/10/06/national-kinship-care-ambassador-2025/) highlighting this idea, drawing on the work of Jahnine Davis, the National Kinship Care Ambassador. Her findings emphasise the value of looking at kinship care through a whole-family lens. Children arrive in kinship arrangements for many different reasons, and Davis stresses the importance of keeping their voices central while also offering coordinated support to both parents and carers.
Research also shows that mediation and early intervention can strengthen relationships, improve contact arrangements, and reduce conflict – all of which help to create stable, long term placements. Davis’s national initiatives, including new research focused on children’s experiences and improved guidance for professionals, aim to make support for kinship families more consistent across the country.
Support available to special guardians may include:
- Therapeutic services
- Counselling, advice, and information
- Financial support, subject to assessment
- Mediation and training
- Help with managing contact and wider family relationships
We’re here to help
If you are thinking about applying for an SGO, or the local authority has approached you about becoming a special guardian, seeking early legal advice is important.
At Morecrofts, we understand the emotional and legal complexities involved in Special Guardianship. Whether you are a grandparent considering applying, a parent wanting to understand your rights, or a carer already navigating the system, our experienced Family Law team can help. We offer clear, compassionate, and practical advice at every stage -from initial queries to court hearings and post-order support.