What is a Special Guardianship Order
A Special Guardianship Order is granted by the family court. This court order only applies to kinship carers. As part of this order, the court can decide who the child has contact with.
Parental Responsibility
As a Special Guardian, (sometimes called an SGO) you will have parental responsibility for the child until they turn 18. You have more parental responsibility than the birth parents, but they still hold some rights. They still need to agree to some of the big decisions.
Special Guardians can make daily decisions like:
- Non-urgent medical care
- Choosing the child's school and
- Taking the child abroad for up to 3 months.
Who Can Apply
You can apply for a Special Guardianship Order if you are over 18 and:
- You already have a Child Arrangements Order for the child.
- You are a close relative, and the child lives with you. They must have lived with you for one year or more.
- You are a foster carer, and the child has lived with you for more than one year.
For children in care, the council must agree.
If the child is not in care, everyone with parental responsibility must agree. This includes anyone with a Residence or Child Arrangements Order.
Find more about the Special Guardianship assessment process here.
Good to Know
This order is more secure than a Child Arrangements Order. This order means the carer has greater parental responsibility too.
Birth parents can still ask the court to reverse this order. The family court will then need to decide if it is safe to do so. They will always consider what is best for the child.
Once a Special Guardianship Order is granted, the child is no longer a 'child in care'.