Special Guardianship Orders

We can guide you through the Special Guardianship Order process, from understanding your eligibility to making an application to the court.

Special Guardianship Orders Solicitors

There are times when a child cannot safely live with their parents but adoption is not the most appropriate option. In these situations, a Special Guardianship Order (SGO) can provide a child with a secure, permanent home while maintaining their legal relationship with their birth family.

Special Guardianship Orders are often made in favour of grandparents, other relatives or close family friends who are able to provide long-term care. At Bridge McFarland, our experienced Family Law solicitors advise prospective special guardians, parents and family members on the legal implications of an SGO and the court process involved.

What is a Special Guardianship Order?

A Special Guardianship Order is a court order made under the Children Act 1989 that gives a person parental responsibility for a child until they reach the age of 18.

Unlike adoption, an SGO does not legally end the child’s relationship with their birth parents. Instead, it gives the special guardian enhanced parental responsibility, allowing them to make most day-to-day decisions about the child’s upbringing without needing the parents’ agreement.

Special Guardianship Orders are intended to provide children with greater stability and permanence where returning to their parents is not appropriate.

Who Can Apply for a Special Guardianship Order?

Applications are commonly made by:

Grandparents
Aunts, uncles or other relatives
Family friends
Foster carers
Anyone who meets the legal criteria to apply

Before an application is made, the local authority will usually prepare a detailed report for the court, assessing the child’s needs and the suitability of the proposed special guardian.

How Does the Court Decide?

When considering whether to make a Special Guardianship Order, the court’s overriding concern is the child’s welfare.

The court will consider factors including:

The child’s wishes and feelings, depending on their age and understanding
Their emotional, educational and physical needs
The relationship between the child and the proposed special guardian
The ability of the applicant to provide a stable, long-term home
Any risks to the child’s welfare

Every case is assessed individually to ensure the arrangements are in the child’s best interests.

Speak to the Experts at Bridge McFarland

Applying for a Special Guardianship Order can be a significant step for everyone involved. Our Family Law team provides clear, practical advice throughout the process, from explaining eligibility and preparing applications to representing clients during court proceedings.

We also advise on related child law matters, including Child Arrangements Orders, grandparents’ rights, parental responsibility and other issues affecting children and families.

If you are considering becoming a special guardian or need advice about a Special Guardianship Order, contact Bridge McFarland’s Family Law team today.

Legal aid may be available for some Special Guardianship matters where they arise from care proceedings or local authority involvement. If you are unsure whether you qualify, our team can advise you on your eligibility.

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Read our Child Law FAQs

Frequently Asked Questions about Child Law

How easy this is to do and how to do it will depend on who has parental responsibility and whether all parties agree to the change. If all parties with parental responsibility have provided written agreement to the change this can be done easily via a Change of Name Deed. If one parent refuses, a Specific Issue Order will need to be obtained from the Court.

If your ex has parental responsibility, you cannot generally stop them from seeing your child without a Court Order in place. An exception to this would be if there are serious concerns about the child’s welfare or safety in which case, you should seek legal advice. If they don’t have parental responsibility, they do not have an automatic right to have contact with your child and would need to get a Court Order to do so if you don’t agree.

A Prohibited Steps Order is a court order which prevents a parent or guardian from taking specific actions regarding a child without the court’s permission. Examples include taking a child abroad and removing a child from school.

A Child Arrangements Order sets out where a child will live, who they will spend time with, and how contact will take place after parents separate or divorce. You might need a Child Arrangements Order if there is a disagreement between parents about where a child will live or when, where and how often contact can take place.

A Child Protection Plan is a plan put in place by the Local Authority to set out the action which is needed to reduce your child/children suffering harm. Under this plan a social worker is allocated to you and your family and regular meetings will take place (at least every 4 weeks) to review the plan and the progress which has been made.

This is a package of support which is put in place to provide extra support for your child/children and your family to address any areas of need and risk assessed by a Social Worker.

This is for families who might need a little extra support and is a group of people (including professionals, e.g; health visitors / social workers / teachers etc) who will work together to support you and your child/children to prevent any concerns increasing.