Special Guardianship Orders | Family Law

A Special Guardianship Order, or an SGO, is an order made under the Children’s Act 1989 which gives a successful applicant parental responsibility for the child in question, which can be used to the exclusion of any other person, even if they also have parental responsibility.

The growing popularity of SGOs owes to the fact that it does not exclude parents completely from their child’s life. Instead, it allows the special guardian to retain control over the parents’ involvement which gives greater stability for the children if there are concerns regarding their welfare.

Who can apply for a Special Guardianship Order?

The following people may apply for an SGO without the courts’ permission: –

• Any guardian of the child;
• Any individual with a Child Arrangements Order in their favour;
• Any person with whom the child has resided with for a period of at least three years;
• Where the child is in the care of the Local Authority, any person who has the consent of that authority;
• Any person with consent of those with parental responsibility; and
• A relative with whom the child has lived for at least one year immediately preceding the application.

How to apply

The process of applying for an SGO can appear complicated and daunting for those considering this action.

Not only will you need to determine whether the courts’ permission is required but you will also need to consider whether the Local Authority deem you a suitable individual to care for the child in question and whether the parents will contest the application.

Once you are ready to apply, you will need to complete a number of application forms to be filed at the court and served on the parents. Thereafter, the Local authority will be asked to prepare a report for the court so that they may consider whether making an SGO is in the best interests of the child.