Often referred to as an SGO, a Special Guardianship Order is a legal arrangement designed to provide long-term stability for a child who can’t live with their parents. It’s most commonly used where a child is placed with a relative or another trusted adult, rather than remaining in foster care.
While Special Guardianship Orders can offer significant benefits for children and carers, they also come with serious legal and practical responsibilities. Understanding both the advantages and disadvantages is essential before applying for an SGO.
In this article, we explore what a Special Guardianship Order is, who can apply and the key advantages and disadvantages to consider. We also explain how to arrange a free 30-minute consultation with a family law solicitor to discuss whether an SGO is right for your situation.
What is a Special Guardianship Order?
A Special Guardianship Order is a court order that appoints one or more people to be a child’s special guardian. It gives the special guardian parental responsibility for the child and allows them to make most day-to-day decisions about the child’s upbringing.
SGOs are often granted to grandparents, aunts, uncles, older siblings or long-term foster carers. The aim is to provide the child with a secure and stable home without completely severing their legal relationship with their birth parents.
Unlike adoption, a Special Guardianship Order doesn’t end the legal relationship between the child and their parents. Birth parents retain limited parental responsibility, although the special guardian is usually able to exercise their parental responsibility without consulting the parents on routine matters.
Who can apply for a Special Guardianship Order?
Certain people are entitled to apply for a Special Guardianship Order without needing the court’s permission. This includes individuals who already have a child arrangements order, those who have had the child living with them for a specified period and local authority foster carers in some circumstances.
Other applicants may need to seek permission from the court before applying. In all cases, the local authority must be notified of the intention to apply for an SGO so that an assessment can be carried out.
As part of the process, the local authority will prepare a detailed report for the court. This assessment considers the child’s needs, the suitability of the proposed special guardian and whether the order is in the child’s best interests.
Advantages of a Special Guardianship Order
One of the main advantages of a Special Guardianship Order is the stability it provides for the child. SGOs are intended to offer a long-term solution, allowing children to grow up in a secure family environment rather than moving between placements.
Special guardians have clear parental responsibility, enabling them to make important decisions about the child’s education, healthcare and daily life. This reduces uncertainty and helps the child settle into a consistent routine.
SGOs also involve less ongoing involvement from the local authority compared to care orders. This can give families more privacy and independence while still ensuring the child’s welfare is protected.
Another advantage is that the child maintains a legal link with their birth parents and wider family. For many children, this helps preserve their identity and sense of belonging while benefiting from a stable home.
Disadvantages of a Special Guardianship Order
While Special Guardianship Orders offer stability, they aren’t without challenges. One key consideration is that birth parents retain limited parental responsibility. Although special guardians can usually make day-to-day decisions without consulting them, disagreements can still arise over major issues such as schooling, medical treatment or contact arrangements.
See also: How to Remove Parental Responsibility in the UK
SGOs can also place significant emotional, financial and practical responsibility on the special guardian. Caring for a child long term can affect employment, finances and personal circumstances, particularly where local authority support is limited or reduced over time.
In some cases, special guardians may face future legal applications from birth parents seeking to vary contact or challenge aspects of the arrangement. This can be stressful and may involve further court proceedings.
Unlike adoption, a Special Guardianship Order doesn’t provide complete legal finality. While SGOs are intended to be long term, they can be discharged or varied by the court in certain circumstances, which may create uncertainty.
How Special Guardianship Orders affect parental responsibility
A Special Guardianship Order gives the special guardian parental responsibility, allowing them to make most decisions about the child’s upbringing. This parental responsibility takes precedence over that of the birth parents in most situations.
However, birth parents don’t lose parental responsibility altogether. They retain the right to be consulted on significant decisions and may still be involved in the child’s life, depending on the circumstances and any contact arrangements in place.
Where disputes arise, the court may need to intervene to decide what is in the child’s best interests. Understanding how parental responsibility is shared and exercised is a crucial part of deciding whether an SGO is appropriate.
Related: Breach of a Special Guardianship Order: What Happens Next?
Is a Special Guardianship Order right for you?
Applying for a Special Guardianship Order involves complex legal and procedural steps. The assessment process, court requirements and long-term consequences mean it’s important to seek advice before proceeding.
A Special Guardianship Order can be an effective way to provide a child with long-term stability within their wider family or support network. However, it’s a serious legal commitment with lasting implications.
Whether an SGO is right will depend on the child’s needs, the ability of the proposed guardian to provide long-term care and the wider family situation. There is no one-size-fits-all solution, which is why careful consideration is essential.
Speak to a family law solicitor about Special Guardianship Orders
If you’re considering a Special Guardianship Order or have been asked to care for a child, legal guidance can help you make an informed decision. Understanding the advantages and disadvantages is key to ensuring the arrangement works for both you and the child.
A family law solicitor can explain your rights and responsibilities, guide you through the application process and help you understand what support may be available. Early advice can help avoid delays, reduce stress and ensure the child’s best interests remain central.
Please note that this article is solely for informational purposes. It’s not a substitute for legal advice. We encourage readers to contact Osbourne Pinner for case specific guidance.
We offer a free 30-minute consultation to discuss your situation. You can speak with us via video call or visit our offices in Harrow, Canary Wharf, Piccadilly Circus or Manchester. To arrange your consultation, call 0203 983 5080, email [email protected] or complete the form below.
