This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide to Special Guardianship Orders in England and Wales: explains what an SGO is, its legal effects, eligibility criteria, who can apply, local authority involvement, and the application process to help prospective carers secure long‑term care for a child.
A Special Guardianship Order (SGO) is a legal order under the Children Act 1989 that provides a child with a stable, long‑term home when they cannot live with their birth parents but adoption is not suitable or preferred. It is intended to give the child permanence and security while maintaining their legal ties with birth parents where possible. SGOs sit between child arrangements orders and adoption orders in terms of permanence and parental authority and have been part of family law in England and Wales since 2005. This article explains what an SGO means in practice, who can apply, the legal process involved, and key considerations for applicants and families.
What Is a Special Guardianship Order?
A Special Guardianship Order is a private family law order the Family Court makes to appoint one or more individuals as a child's special guardian. The special guardian gains parental responsibility and the authority to care for and make decisions about the child's upbringing. This parental responsibility is stronger than that under a standard child arrangements order but less extensive than that conferred by adoption. Importantly, an SGO does not end the child's legal relationship with their birth parents. Birth parents retain parental responsibility, but the special guardian's authority takes precedence in most decisions if conflicts arise.
Special Guardianship Orders are designed to offer children security and consistency in their living arrangements while preserving connections with their wider family. SGOs often arise when a child has lived with a family member or friend for some time, or if a local authority considers it a suitable permanence plan at the end of care proceedings.
Legal Effects of a Special Guardianship Order
Parental Responsibility
When an SGO is made, the special guardian obtains parental responsibility under section 14A of the Children Act 1989. This means the special guardian can make day‑to‑day and long‑term decisions about the child's care, education and welfare.
Unlike adoption, birth parents retain parental responsibility, but their ability to influence everyday decisions is significantly limited. In practice, special guardians can act independently in most circumstances, reflecting the child's needs and best interests. However, there are specific exceptions; for example, a special guardian generally cannot change the child's surname or take them abroad for more than three months without the written consent of others with parental responsibility or permission from the Family Court.
Legal Permanence and Security
An SGO is intended to last until the child reaches the age of 18. During this time:
- any existing care order or similar public law order is discharged; and
- the child usually ceases to be looked after by the local authority if an SGO replaces a care arrangement.
SGOs provide greater permanence and legal authority for carers than child arrangements orders and long‑term fostering arrangements, making them suitable for children who need stability but where adoption is not appropriate.
Who Can Apply for a Special Guardianship Order?
Not everyone can automatically apply for a Special Guardianship Order. The Children Act 1989 and statutory guidance set out the categories of people who have the right to apply and those who may apply with the Family Court's permission.
People With an Automatic Right to Apply
A person must be over 18 years old and not the child's birth parent to be eligible. Those automatically entitled to make an application include:
- A guardian of the child (appointed by a parent or by a previous order);
- A person with a child arrangements or residence order under which the child lives with them;
- Someone who has cared for the child for at least three of the last five years, provided certain conditions on the continuity of care are met;
- A foster carer with whom the child has lived for at least one year immediately preceding the application; and
- A relative with whom the child has lived for at least one year immediately preceding the application.
In cases where the child is looked after by the local authority, the applicant must generally have the consent of the local authority to apply for an SGO. Similarly, if someone with parental responsibility exists other than parents, the applicant often requires their written consent before making an application.
Applicants Requiring Court Permission
If a person does not fall into one of the automatic categories but wishes to seek an SGO, they must request leave (permission) from the Family Court before submitting an application. For example, a close family friend without a qualifying period of care but wishing to care for the child might seek court leave to apply.
Application Process and Local Authority Involvement
Notice to the Local Authority
Before applying to the court, potential applicants must give at least three months' written notice of their intention to the relevant local authority. If the child is in care, notification goes to the authority looking after the child; if not, notice is given to the authority where the applicant lives. This period allows the authority to:
- carry out an assessment of the proposed special guardian's suitability;
- prepare a report on the child's needs and proposed placement; and
- compile a support plan detailing what support the special guardian may require after the order is made.
Family Court proceedings for an SGO generally use forms C1 and C13A, and the court will review the local authority's assessment and support plan in determining whether making the order is in the best interests of the child.
Why Apply for a Special Guardianship Order?
SGOs are often pursued for children:
- who cannot return to live with their birth parents but for whom adoption is not appropriate;
- who are older and wish to retain legal ties with their birth family;
- where long‑term caregiving arrangements exist, but children need greater security than provided by child arrangements or residence orders; and
- in cultural or familial contexts where adoption may be considered unsuitable but permanency is necessary.
Special guardianship can provide carers such as grandparents, other relatives or family friends with legal authority and predictability in daily caregiving decisions while preserving relationships with the child's birth family where that is beneficial.
Key Takeaways
A Special Guardianship Order is a family law order that provides a child with long‑term security with a special guardian while maintaining legal links with birth parents. Key points include:
- SGOs grant parental responsibility to the special guardian and prioritise their decision‑making authority, but do not extinguish birth parents' parental responsibility.
- The order lasts until the child turns 18, offering greater permanence than child arrangements orders or fostering.
- Persons eligible to apply include guardians, long‑term carers, foster carers and relatives, subject to age and consent requirements.
- Prospective applicants must give three months' notice to the relevant local authority and provide evidence of suitability in court proceedings.
- SGOs strike a balance between stability for the child and preservation of family ties where possible.
Understanding the criteria and process for Special Guardianship Orders helps prospective carers evaluate whether this form of legal permanence might be appropriate, and prepares them to navigate the court system effectively.
