Special Guardianship

Special guardianship is a family court order that places a child or young person in long-term care with someone other than their parent(s). The person(s) with whom the child lives with will become the child's special guardian. The Adoption and Children Act 2002 introduced special guardianship and Special Guardianship Orders.

What are the effects of a Special Guardianship Order?

• secure the child’s or young person's long-term placement;
• grant parental responsibility to the special guardian;
• maintain links with the child’s or young person's birth parent(s);
• enable the special guardian to have day-to-day control and to exercise their parental responsibility to the exclusion of all others with parental responsibility except another special guardian;
• Any existing Care Order on the child is automatically ended when the Special Guardianship Order is made.

What alternatives are there to special guardianship?

• Adoption places a child or young person in a permanent home. Once an Adoption Order has been granted, the birth parent(s) lose parental responsibility, and links with the birth parent(s) and wider family are lost in most cases.
• Long-term fostering offers a secure placement for a child who is unable to live with their parent(s). However, a foster parent does not get parental responsibility, and therefore they have no legal basis on which to make important decisions relating to the child’s care. Long-term fostering does not always allow the child to feel a sense of stability and belonging.
• A Child Arrangements Order (since 22/04/2014) is an order from the family court setting out arrangements for where a child is to live. Where a child arrangements order sets out with whom a child is to live, that person will be granted parental responsibility, which is on an equal level to that of the parent.

Who can apply to be a special guardian?

A special guardian must be aged over 18 years and must not be a parent of the child. Joint applications may be made. There is no requirement that joint applicants are married. It is possible to apply for a Special Guardianship Order if:

• you are a local authority foster carer with whom the child has lived for a period of one year directly before the application; or
• the child has lived with you for three of the last five years (and the child has not ceased living with you more than 3 months before the application); or
• you are the guardian of the child; or
• the child is in local authority care and the local authority consents to you making an application; or
• you have a Child Arrangements Order or a Residence Order in respect of the child ; or
• you are a relative of the child and the child has resided with you for at least one year immediately pre-dating an application; or
• you have permission from the court to make the application

Will I be assessed before I make an application for a Special Guardianship Order?

Yes. If a person wishes to apply for a Special Guardianship Order, they must notify children's services in writing three months prior to submitting their application to the court. Children's services must conduct an investigation and prepare a report for the court to determine whether the applicant is suitable for the position of special guardian.

If the child is looked after, the prospective special guardian must notify the appropriate local authority. If the child is not being cared for, the prospective special guardian must notify the local authority where the child resides.

The local authority will prepare a report for the court in order to determine whether a prospective special guardian is suitable.

What kind of support can I get if I am a special guardian?

Under the Adoption and Children Act 2002, financial support and other services may be available for the special guardian, the child, and the parent(s). However, if a child is not (or was not) looked after by a local authority, then there is no automatic entitlement to an assessment for special guardianship support services. It is possible to request an assessment for support in this situation.

Examples of possible services include:

• mediation to assist with new or existing contact arrangements;
• counselling and advice and information;
• access to support groups;
• therapy services;
• training for the special guardian to meet the needs of the child;
• respite care; and
• financial assistance.

Even if a Special Guardianship Order is issued, biological parents remain financially responsible in law for their child, and in most cases, they will be required to pay maintenance for the child's upbringing.

Going further

More detailed information can be found in our How-to Guide including information on the application process.

This information is correct at the time of writing, 7th August 2024 . The law in this area is subject to change.

Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.

Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.