Special Guardianship Orders (SGO)
A Special Guardianship Order (SGO) is a legal order made by a court. Its purpose is to give the child the security of a permanent home.
It appoints a carer as the special guardian of a child. The special guardian has parental responsibility for the child until they turn 18. They will make all day-to-day decisions about the child. Unlike adoption, the child's birth parents are still legally their parents. Their parental responsibility does not stop but is limited.
Suitability
A special guardianship order may be particularly suitable for children who:
- are in long-term foster care
- are cared for permanently by members of their wider family
- want to keep a legal link with their birth family, but would benefit from more permanent care arrangements
- cannot live with their birth parents and adoption is not right for them
- are from families who have cultural or religious difficulties with adoption as set out in law
Who can apply
You can apply to be a child’s special guardian if you’re not their parent and you’re over 18.
You can make an application with someone else. This is known as a joint claim.
You and anyone you’re applying with can apply if:
- you’re already the child’s legal guardian
- the child lives with you because of a child arrangements order
- the child has lived with you for 3 of the past 5 years
- you’re the child’s relative or a foster parent, and the child has been living with you for at least 1 year
- you have the agreement of anyone named in a child arrangements order as someone who the child will live with
- you have the agreement of all the people with parental responsibility for the child
- you have the agreement of the local council, if the child is in care
If you do not fit one of these descriptions, you’ll need to ask the court’s permission to apply.
How to apply
Speak to the child’s Social Worker, if they have one.
If they do not have a social worker you can contact our Single Point of Contact.
Written notice
You must tell us in writing at least three months before you're ready to apply. During this period we'll assess your suitability to be a special guardian.
Submitting your application
Fill in the application forms on the gov.uk website and send them to your local family court.
Assessment report
We'll use the three months before your application to assess your suitability to be a special guardian. The report will also assess whether a SGO is the best way to meet the child's needs.
It will look at:
- the child's needs and wishes
- information about the prospective special guardian
- the views of people involved in the child's life
- what support services may be needed
The court will use the report to make a decision.
Support plan
A support plan is an important part of the assessment. It:
- specifies who is responsible for caring for the child or children
- includes information on how you will meet the child's needs
- says who you can contact if you have any questions relating to your role as a special guardian
- includes the names and contact details of relevant persons in the council
Review of the support plan
We must review the services we provide as part of the support plan.
We must make contact with special guardians at least once a year.
This could be by phone call if:
- there is an established and settled relationship between the guardian and the child
- there are no worries, difficulties or concerns
- the special guardianship arrangement is working well
- no further advice, guidance or support is needed
If more support is needed then a social worker may arrange a meeting.
Our expectations
You must tell us if:
- you change your address
- the child no longer has a home with you
- the child dies
- your financial circumstances or the financial needs of the child change
You should also tell us if your contact details or relationship status change.
If you get financial support you must give us a written annual statement of circumstances.
Support for special guardians
For support, you can contact our Special Guardian Support team by emailing sgo@npt.gov.uk