Special Guardianship Order (SGO) Solicitors

At a Glance

• Definition: A Special Guardianship Order (SGO) is a legal order under the Children Act 1989 appointing a non-parent as a child’s permanent guardian until they turn 18.
• Rights: It grants the guardian “enhanced” Parental Responsibility, allowing them to make overriding decisions (e.g., medical, education) without the birth parents’ consent.
• Connection: Unlike adoption, an SGO preserves the legal link to the biological family, often allowing for continued contact.
• Support: Guardians may be eligible for a means-tested Special Guardianship Allowance from the Local Authority.

What is a Special Guardianship Order (SGO)?

A Special Guardianship Order (SGO) is a legal order under Section 14A of the Children Act 1989 that secures a permanent home for a child who cannot live with their birth parents. It is most often used by kinship carers (such as grandparents) or foster carers.

Unlike adoption, an SGO preserves family links, as it does not legally sever the bond with the birth parents. Additionally, it grants enhanced rights as the Special Guardian gains overriding parental responsibility for day-to-day decisions (e.g., medical, education). Finally, it provides support as guardians may be eligible for means-tested financial allowances to support the placement.

Secure the Child’s Future with Legal Aid If you are a family member (Kinship Carer) being assessed by Social Services, do not face the Local Authority alone. You may be eligible for Legal Aid or funding through the Local Authority to cover your legal costs.

Call our specialist Child Care team on 0345 894 1622 for an immediate eligibility check.

SGO vs. Adoption vs. Child Arrangements

A Special Guardianship Order (SGO) secures a permanent home for a child until they turn 18, granting the guardian “enhanced” parental responsibility to make daily decisions without the birth parents’ consent. Unlike adoption, this order keeps the legal link to the biological family intact while providing the stability the child needs, often supported by financial allowances from the Local Authority.

The table below highlights the key differences between Special Guardianship, Adoption, and Child Arrangement Orders.

Feature	Special Guardianship (SGO)	Adoption	Child Arrangements Order
Parental Responsibility	Superior (Guardian has final say)	Absolute (Parents lose all rights)	Shared (Often requires mediation)
Link to Birth Parents	Maintained (Contact usually remains)	Legally Severed	Maintained
Duration	Until the child is 18	For the duration of the child’s life	Until the child is 18
Financial Support	Potential Local Authority Allowance	Adoption Allowance (Means-tested)	No statutory allowance

The Legal Test

Will the Court Grant an SGO?

Under Section 14A of the Children Act 1989, the Court will not simply grant an order because you ask for one. To succeed, the application must satisfy the Welfare Checklist.

The judge must be convinced of three key things:

1. There is no realistic prospect of the child returning to the care of their birth parents.
2. While the child needs permanence, adoption is not the right path. This is often because the child is older or has a significant bond with their birth family that should be preserved.
3. An SGO is better for the child than a standard Child Arrangements Order because it offers greater security and lasts until the child turns 18.

The Assessment Process and Timeline

When an application is initiated, the Local Authority is mandated to produce a comprehensive report which is often referred to as a Regulation 21 report. This document is critical to the court’s final decision.

The Investigation

The Local Authority will conduct a thorough investigation to ensure the placement is suitable. This looks at the suitability of the prospective guardian, the wishes of the child, and the support services required.

Timeline

The assessment typically takes around 12 weeks. It involves several home visits, interviews, and background checks.

Legal Representation

We represent clients during the Public Law Outline (PLO) process and within active Care Proceedings to ensure that Kinship Care options are fully explored. Our role is to guide you through this assessment, challenging unfavourable reports where necessary and negotiating the support plan.

Who Can Apply for an SGO?

Eligibility for a Special Guardianship Order is distinct from other family orders. Generally, you may apply if you fall into one of the following categories:

• Guardians: Any guardian already appointed by the court.
• Foster Carers: Local Authority foster carers who have lived with the child for at least one year.
• Relatives/Kinship Carers: Relatives or friends who have had the child living with them for three out of the last five years.
• Consent Holders: Any person who has the consent of those already holding parental responsibility.
• Court Permission: Individuals who have obtained specific leave (permission) from the court to apply.

Financial Support and Allowances

A common concern for prospective guardians is the financial impact of caring for a child. Unlike private family arrangements, SGOs often come with support packages.

Local authorities are required to assess the need for support services, which can include financial support known as a Special Guardianship Allowance. This is usually means-tested and depends on the child’s needs and the guardian’s financial circumstances.

Our solicitors can advise you on ensuring your support plan is fair and adequate, securing the necessary allowance to ensure the child’s needs are met.

Why Choose Cartwright King?

A Special Guardianship Order (SGO) provides a secure, permanent home for a child until they turn 18, granting you “enhanced” parental responsibility to make daily decisions without severing legal ties with the birth parents. This arrangement often includes access to financial support from the Local Authority to ensure the child’s needs are met. As Legal Aid Agency partners, our specialist solicitors can check your eligibility for free and provide the strategic defence you need in Family Courts across the UK, including Manchester, London, and Birmingham.

Frequently asked questions.

How long does a Special Guardianship Order last?

An SGO is a permanent legal arrangement that remains in effect until the child reaches the age of 18. However, it can be varied or discharged by the court before the child’s 18th birthday if there is a significant change in circumstances and the court determines it is in the child’s best interests.

Does an SGO override the parents’ rights?

Yes, in a specific way. While birth parents retain their legal parental responsibility, a Special Guardian is granted “enhanced” parental responsibility. This allows the guardian to make nearly all day-to-day and major decisions regarding the child’s upbringing without needing the parents’ consent.

What is the difference between SGO and Adoption?

The primary difference is the legal link to the birth family. Adoption legally severs all ties between the child and their birth parents. An SGO preserves these legal links, allowing the child to maintain their family identity and often continue contact with their parents.

Can I get financial help as a Special Guardian?

Yes. Local authorities are required to assess the need for support services, including a Special Guardianship Allowance. This is typically means-tested and based on the child’s needs.

Legal Fees

Your legal fees will depend on the case itself, including the length of time your case takes and how complicated it is.

We can discuss affordable private paying fee arrangements. Fixed fees are also available.