Special Guardianship

When a child cannot be cared for by their biological parents, the court can appoint a Special Guardian – often a relative or family friend – to provide them with a safe and stable home.

At TWM Solicitors, our family law team provides expert, compassionate advice to relatives and carers seeking to formalise their role and secure a child’s future through a Special Guardianship Order (SGO).

What is a Special Guardianship Order?

A Special Guardianship Order (SGO) gives legal responsibility to one or more individuals to care for a child. This often means children can be cared for by suitable family members as an alternative to being a “looked after” child by the Local Authority. The SGO empowers the special guardian(s) to make important decisions for the child.

An SGO can be discharged upon application should the biological parent find themselves in a position to care for the child again.

Application to the court

The Local Authority (LA) will need to be notified of the application as they must undertake a robust viability assessment to present to the court.

If the assessment supports the SGO being made the LA will also consider an ongoing support package, including practical and financial support.

Who can apply for an SGO?

You may be able to apply for a Special Guardianship Order if:

• You are a relative (such as a grandparent, aunt, uncle, or older sibling)
• You are a family friend or another individual with a strong existing relationship with the child
• You are already caring for the child under an informal arrangement or as a foster carer
• Each case is different, and early legal advice is essential to understand your eligibility and the most appropriate next steps.

How we can help

At TWM Solicitors, we regularly advise on Special Guardianship applications. Our family law solicitors can advise you whatever the circumstances. This could be where

• The LA has already carried out an assessment because the child is the subject of public law proceedings and you need advice in connection with the assessment and any support package offered by the Local Authority.
• You are considering making an application to step in and care for a child for a different reason, perhaps where a parent is unwell and having difficulty caring for the child. We can provide initial advice and assist you with your court application as well as providing you with advice in relation to Local Authority assessment documents.

Our goal is to help you provide a safe and stable home for a child you care about. We’ll provide clear, practical advice and guide you through the process. Call one of our Special Guardianship solicitors today.