A Special Guardian is usually someone with a close relationship to the child (e.g a family member). They need to apply to the court which will consider their suitability and the child's needs, based on a report from the local authority.
Special Guardianship Order (SGO) is a formal court order which places a child or young person with someone permanently and gives this person parental responsibility for the child. This parental responsibility is still shared with the child's parents, unlike adoption, but Special Guardians have primary parental responsibility whereby they can override the wishes and feelings of parents if they believe it is in the child's best interests.
Who can be a special guardian?
- A local authority foster carer and the child has lived with them for at least one year preceding the application
- If the child has lived with them for three of the last five years (and the child has not stopped living with them more than three months before the application)
- the guardian of the child (they do not need to be related to the child)
- If they have the consent of those who have parental responsibility for the child
- If they have the consent of the local authority if the child is looked after
- If they have a Child Arrangements Order or a Residence Order in respect of the child and they have the consent of the person in whose favour the Order was made
- If they have permission from the court to make the application
If you are intending to make a private application to become a special guardian, you can notify the Children's Reception Team via this form.