Special Guardianship Orders
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Special Guardianship Orders
A special guardianship order can provide a child with long-term care from someone who is not their parent. It is often considered where a child cannot live with their birth parents but adoption is not the right option.
National Legal Service Solicitors advises relatives, foster carers, parents and prospective special guardians on special guardianship orders. A solicitor can explain what the order may mean, how the application process works and how it may affect parental responsibility, family time and long-term planning for the child.
Speak to NLS about special guardianship. Call 020 3601 5051 or complete our contact form to request a callback.
What is a special guardianship order?
A special guardianship order is a court order that appoints one or more people as a child’s special guardian. Cafcass describes it as a private law order made under the Children Act 1989 for a child to live with an appointed special guardian until they are 18.
A special guardian is responsible for looking after the child until they turn 18, unless the court brings the responsibility to an end earlier. The order gives the special guardian parental responsibility and allows them to make most day-to-day decisions about the child’s care.
A special guardianship order may be considered where:
- a child is living with a grandparent, aunt, uncle or other family member
- a foster carer wants to provide long-term care for a child
- children’s services are involved and long-term family care is being explored
- adoption is not considered suitable because the child should keep legal connection with their birth family
- a child needs more permanence than informal kinship care can provide
The court’s focus is the child’s welfare. Before making an order, the court will consider the evidence and whether the proposed arrangement is in the child’s best interests.
Special guardianship, adoption and kinship care
Special guardianship, adoption and kinship care are often confused. They can all involve a child living with someone other than a birth parent, but the legal effect is different.
Special guardianship sits between a child arrangements order and adoption in terms of legal permanence. It gives the special guardian strong parental responsibility while preserving the child’s legal relationship with their birth family. Cafcass explains that a special guardianship order is unlike adoption because it is not a lifelong order and does not legally end the child’s relationship with their birth family.
Special guardianship, adoption and kinship care - what is the difference?
This comparison can help explain the key differences between the three routes. It is a general guide and legal advice should be taken where children’s services are involved, court proceedings have started or there is disagreement about the child’s long-term care.
| Route | Best used for | Legal effect | Birth family link |
|---|---|---|---|
| Special guardianship | Long-term care by a relative, foster carer or connected person. | Gives the special guardian parental responsibility. | Legal link remains. |
| Adoption | Permanent legal parenthood by adopters. | Adoptive parents become the child’s legal parents. | Legal relationship changes. |
| Kinship care | Care by family or friends, with or without a court order. | Depends on the arrangement. | Usually remains. |
Cafcass notes that special guardianship is a significant long-term order because the special guardian usually has the final say on most decisions about the child’s upbringing where there is disagreement with others who have parental responsibility. If adoption is being considered, NLS adoption solicitors can explain how the legal process differs.
This can be important where a family member is unsure whether special guardianship, adoption or another arrangement is more appropriate for the child. The right route will depend on the child’s welfare, the family circumstances and any involvement from children’s services or the court.
Who can apply for a special guardianship order?
Not everyone can apply for a special guardianship order automatically. An applicant must not be the child’s parent and must be over 18.
Some people can apply because of their existing relationship with the child. Others may need the court’s permission before they can make the application.
People who may be able to apply include:
- an existing legal guardian
- someone who has a child arrangements order saying the child lives with them
- a person with the agreement of everyone who has parental responsibility
- a local authority foster carer who meets the required criteria
- a person the child has lived with for the required period
- anyone else who has the court’s permission to apply
Family members such as grandparents, aunts, uncles and older siblings may be considered depending on their relationship with the child and whether they meet the legal criteria. Foster carers may also apply in some circumstances, particularly where they have cared for the child for a significant period.
If you are unsure whether you can apply, a solicitor can explain whether permission is needed and what the court may consider. The right route may depend on whether there are existing care proceedings, a child arrangements order or children’s services involvement.
How do you apply for a special guardianship order?
The application process usually starts before the court forms are filed. GOV.UK states that three months before applying to become a special guardian, the applicant must tell their local council in writing that they plan to make an application.
The local authority then becomes involved in assessing the proposed special guardian and preparing information for the court. The court will need to understand whether the proposed arrangement is safe, stable and in the child’s best interests.
The process may include:
- notifying the local authority (in writing)
- considering mediation where appropriate
- preparing the court application
- completing Form C1 and supporting documents
- attending a first directions hearing
- taking part in the local authority assessment
- considering any support plan
- attending a final hearing where the court decides whether an order should be made
GOV.UK outlines that applications usually involve Form C1, a supporting statement and a mediation form showing that mediation has been considered or explaining why it could not take place. The exact route may differ where there are already care proceedings or existing proceedings about the child.
What happens after you apply?
After an application is made, the court will send a case number and a date for a first directions hearing. This hearing is used to set out a timetable for the case and how it will be dealt with.
The people involved in the child’s life will usually need to be told about the application. This can include everyone with parental responsibility, people caring for the child, children’s services and anyone named in relevant court orders.
At the final hearing, the court will decide whether making a special guardianship order is in the child’s best interests. The court will look at all the evidence and may hear from witnesses before making a decision.
A solicitor can help you understand:
- which forms may be needed
- who must be notified
- what the local authority assessment may involve
- what evidence may be relevant
- how to respond if a parent objects
- what support should be discussed before an order is made
- what the order may mean after it is granted
Special guardianship applications can be emotionally and practically significant for the whole family. Clear advice can help prospective special guardians understand the responsibilities they may be taking on and help parents understand what the order may mean for their role.
What happens to parental responsibility?
A special guardianship order gives the special guardian parental responsibility for the child. This means they can make most decisions about the child’s day-to-day care, including decisions about schooling and medical treatment.
A special guardianship order does not usually end the birth parents’ parental responsibility. The legal position is different from adoption because the child’s legal link with their birth family continues.
In practice, the special guardian may make many day-to-day decisions without needing agreement from the birth parents. Consent from everyone with parental responsibility is still needed for some important decisions, such as changing the child’s surname, placing the child for adoption, taking the child abroad for more than three months or certain types of surgery.
A solicitor can explain how parental responsibility may work in practice, including:
- who can make day-to-day decisions
- what decisions still need consent
- whether a parent can object to certain decisions
- what happens if there is disagreement
- how the order may affect family time
- whether another court application may be needed
Parents often want to understand whether they will still have a legal role in the child’s life. A special guardianship order can significantly change how decisions are made, but it is not the same as adoption.
Special guardianship and child arrangements
Special guardianship may affect how a child spends time with parents, siblings and wider family members. The correct legal term is child arrangements, and any arrangements will depend on the child’s welfare, the background of the case and any safeguarding concerns.
Where a child is already involved in care proceedings, a special guardianship order may be considered as part of a long-term plan. NLS care proceedings solicitors can advise parents and family members where special guardianship is being discussed by children’s services.
Can a special guardianship order be challenged or discharged?
In some circumstances, a special guardianship order can be changed or brought to an end in some circumstances. This is usually described as varying or discharging the order.
The route depends on who is applying and what has changed since the order was made. Some people may need the court’s permission before they can apply, especially where they were not the special guardian and are asking the court to reconsider an established long-term arrangement.
A court may consider whether there has been a significant change in circumstances and whether the proposed change is in the child’s welfare interests. This can be a complex application because the court will look carefully at the child’s stability, attachments and long-term needs.
A solicitor can advise on issues such as:
- whether permission to apply may be needed
- what change in circumstances may be relevant
- what evidence may support the application
- whether the child’s views may be considered
- whether family time should be changed instead
- how the application may affect the child’s stability
For an example of this type of case, read about how NLS helped a young mum discharge a special guardianship order. Please note this is an example of past work rather than a promise about what may happen in another case.
Legal aid and support for special guardianship
Legal aid may be available in some special guardianship cases, but it depends on the circumstances. The position can differ depending on whether the application is part of care proceedings, whether you are a parent, whether you already have parental responsibility and what order is being applied for.
If special guardianship is being considered during care proceedings, parents and certain parties may have a different legal aid route from someone making a private application. A solicitor can explain which route applies and whether NLS can assess legal aid eligibility.
Support for special guardians is also an important issue. GOV.UK states that local authorities must provide special guardianship support services and that guidance sets out the support services local authorities need to provide under the Children Act 1989.
Support may include assessment for:
- financial support
- therapeutic support
- support with family time arrangements
- advice and information
- help with contact between the child and birth family
- support services connected with the child’s needs
GOV.UK also states that a special guardian may be able to get a special guardian allowance from the children’s services department of their local council.Support is not automatic in every case and should be discussed before an order is made where possible.
Legal guardianship of a child in the UK
People often search for “legal guardianship of a child UK” when they are trying to understand how to care for a child who is not their own. In England and Wales, the correct legal route may be a special guardianship order, child arrangements order, adoption or another arrangement depending on the child’s circumstances.
A special guardianship order is one route that can give a non-parent parental responsibility and long-term responsibility for a child’s care. A solicitor can explain whether special guardianship is suitable, especially where children’s services are involved, the parents do not agree or court proceedings have started.
How NLS can help
National Legal Service Solicitors advises parents, relatives, foster carers and prospective special guardians where special guardianship is being considered. A solicitor can explain the process, the effect on parental responsibility and how to respond where children’s services or the court are involved.
NLS can help with:
• applications for special guardianship orders
• special guardianship within care proceedings
• advice for parents and family members
• support plans and local authority assessments
• applications to vary or discharge an order
Every case depends on the child’s welfare and the family circumstances. A solicitor will explain the legal options and the steps that may be available.
Speak to NLS about special guardianship orders
If you need advice about a special guardianship order, parental responsibility, care proceedings or a proposed long-term arrangement for a child, National Legal Service Solicitors can help you understand the process.
Frequently asked questions
- What is a special guardianship order?
A special guardianship order is a court order that appoints one or more people as a child’s special guardian. It is often used where a child cannot live with their birth parents but adoption is not considered the right option.
The order gives the special guardian parental responsibility and responsibility for the child’s care until the child turns 18 unless the court ends the order earlier. The court will consider whether the order is in the child’s best interests.
- How is a special guardianship order different from adoption?
A special guardianship order does not legally end the child’s relationship with their birth family. Adoption creates a new legal parent-child relationship and has a different legal effect.
Special guardianship is unlike adoption because it is not a lifelong order and does not legally end the child’s relationship with their birth family. This distinction is important for parents, relatives and carers considering long-term care options.
- Who can apply for a special guardianship order?
A person applying must not be the child’s parent and must be over 18. Several categories of people may apply, including existing legal guardians, certain people with child arrangements orders and people who have the agreement of everyone with parental responsibility.
Others may need the court’s permission before applying. A solicitor will explain whether you can apply directly or whether permission is needed.
- Does a special guardianship order end parental responsibility?
A special guardianship order does not usually end the birth parents’ parental responsibility. It gives the special guardian parental responsibility and allows them to make most day-to-day decisions for the child.
Some important decisions still require the consent of everyone with parental responsibility or a further court decision. Examples include changing the child’s surname and taking the child abroad for more than three months.
- Can a special guardianship order be challenged or discharged?
A special guardianship order can sometimes be varied or discharged. The court will consider the child’s welfare and whether there has been a significant change in circumstances.
Some people may need permission before applying. Because these applications can affect a child’s long-term stability, it is sensible to seek legal advice before taking steps.
- What support is available for special guardians?
Support may be available through the local authority. Local authorities must provide special guardianship support services and that special guardians may be able to receive a special guardian allowance from the children’s services department of their local council.
Support depends on assessment and the child’s circumstances. It may include financial support, therapeutic support, advice or help with family time arrangements.