Special guardianship order (SGO)

What is a special guardian?

A special guardian is a type of kinship carer. They hold a court order called a special guardianship order. This is made by the Family Court. Sometimes a special guardianship order is referred to just as an ‘SGO’.

What is a special guardianship order (SGO)?

A special guardianship order secures a child’s long-term home with someone who is not their parent. It lasts until the child turns 18.

A special guardianship order gives the special guardian an enhanced form of parental responsibility. This means they have the authority to take all major decisions about the child’s upbringing and care. They can make use their parental responsibility to the exclusion of others.

Unlike adoption, the child remains legally a member of their birth family under a special guardianship order (SGO). So, it is often viewed as the most suitable order where the plan is for a child to live permanently with a family member or friend.

What happens to a parent’s parental responsibility if a special guardianship order is made?

A special guardianship order does not remove parental responsibility from the child’s birth parents. The special guardian should consult the parent(s) in relation to important decisions about the child. But the special guardian does have the final say in relation to most decisions.

Who can apply for a special guardianship order?

• A relative who has lived with the child for at least the last year.
• Anyone who has lived with the child for at least three of the last five years. This does not have to have been continuous.
• Anyone who has a child arrangements order which says that the child lives with that person.
• A foster carer who has lived with the child for at least the last year.
• Anyone who has the consent of the parents.
• If the child is in care, anyone who has the consent of children’s services.

When does a special guardian need a parent’s permission to make a decision?

There are some things that a special guardain can only do if they have the written agreement of everyone who has parental responsibility for the child. These are:

• Change the child’s surname
• Take the child abroad for more than three months.

If there is not agreement, then the special guardian will need to ask the Family Court for permission to take these steps.

A special guardian cannot agree to the child being placed for adoption.

Can a parent apply to end a special guardianship order?

Parents cannot apply to end (or ‘discharge’) a special guardianship order without the permission of the court. Parents will only get this permission if they could show there has been a significant change of circumstances since the special guardianship order was made. They also have to show it is in the child’s best interests for the order to be discharged.