Special Guardianship Orders

A Special Guardianship Order is a legal way of providing long-term stability for a child who cannot return to live with their birth parents and for whom adoption is not appropriate.

It gives the person caring for the child clear, long-term responsibilities for the child's upbringing without breaking the legal link between the child and their birth parent.

A Special Guardianship Order is made through a formal application to a court.  You can apply to become a Special Guardian if you are over 18 and you are:

• Any guardian of the child
• A Local Authority foster carer with whom the child has lived for one year immediately before the application is made
• A relative of the child with whom the child has lived for one year before the application is made
• Anyone who holds a Residence Order in respect of the child
• Anyone who has permission from
  • The Local Authority OR
  • All those with parental responsibility for the child OR
  • The court

When deciding whether to make a Special Guardianship Order the child's welfare will be the court's paramount consideration.  A Special Guardianship Order will not be made if the court does not feel it is in the best interest of the child.

Once a Special Guardianship Order has been made, the Special Guardian will normally be the permanent carer for the child until that child reaches the age of 18.  A Special Guardianship Order gives the Special Guardian parental responsibility for the child.

A copy of the Special Guardianship Fact Sheet can be downloaded here.