What is a Special Guardianship Order?

A Special Guardianship Order is an order made by the court appointing one or more individuals to be a child’s ‘special guardian’. 

It is effectively an enhanced Child Arrangements Order as the child will be deemed to live with you and you will be given parental responsibility.

A Special Guardianship Order is intended to be permanent.

Who can apply for a Special Guardianship Order?

A special guardian is usually an individual with a close connection to the child, such as another family member, carer or foster parent who wants to take over the long-term care of the child.

To qualify for special guardianship, you will need to meet specific criteria, which include:

• You must be over the age of 18
• You are either the child’s guardian, biological parent, another biological relative or foster parent (arranged via the local authority and where the child has lived with you for at least one year immediately preceding the application)
• Or, the child has lived with you for three out of the last five years and the child has not stopped living with you more than three months before the application is made
• Or, you have been given permission by the court to make the application
• Or, you have a Child Arrangements Order as to who the child is to live with.
• The court has consented to the order

What factors will the court consider when deciding whether to make a Special Guardianship Order?

The court’s main consideration is the child’s welfare and any decision that is made will be in accordance with what is in the child’s best interests.

The court will consider the same factors as when deciding whether to make a Child Arrangements Order, which are:

• The child’s wishes and feelings, taking account of their age and understanding
• The child’s physical, educational and emotional needs
• The likely effect on the child of any change of circumstances
• The child’s age, sex and background, and any other relevant characteristics
• Any harm that the child has suffered or is at risk of suffering
•  The parent or carer’s ability to meet the child’s needs.

The court will also consider the applicant’s connection with the child and whether there is any risk that the application could disrupt the child’s life to such an extent that they may be harmed by it.

What are the effects of a Special Guardianship Order?

If a Special Guardianship Order is granted the newly appointed special guardian will have parental responsibility for the child until he or she reaches the age of 18.The special guardian is entitled to exercise parental responsibility for the child to the exclusion of any other person who also has parental responsibility (apart from another special guardian).

It is important to note that a Special Guardianship Order does not extinguish the legal relationship between the child and their birth parents as an Adoption Order would do. 

How do I apply for special guardianship?

The application process for a Special Guardianship Order can be complex, which is why we always recommend having legal support. The order will be put in place by the court during family proceedings and is fundamentally their decision.

You will need to alert your local authority at least three months before you apply for special guardianship. You will also need to complete a C1 form, a C13A form and an FM1 form, which are downloadable from the government website, and write a statement supporting your application. Your statement can include details of your relationship with the child and your plans for the child’s future care.

The multiple application stages, forms, checks and assessments can be confusing and intimidating without professional help. Whether you simply need advice on the process or you want to instruct a lawyer to execute the application on your behalf, come and talk to us. 

Our team of specialist family lawyers will explain complicated processes in straightforward language.