Special guardianship orders
A special guardianship order is a legal way of providing long-term stability for a child who cannot return to live with their birth parents and for whom adoption is not appropriate.
It gives the person caring for the child, clear, long-term responsibilities for the child's upbringing while without breaking the legal link between the child and their birth parent.
A special guardianship order (SGO) is made through a formal application to a court. You can apply to become a special guardian if you are over 18 and you are:
- any guardian of the child;
- a local authority foster carer with whom the child has lived for one year immediately before the application is made;
- a relative of the child with whom the child has lived for one year before the application is made;
- anyone who holds a residence order in respect of the child;
- anyone who has permission from:
- the local authority; or
- all those with parental responsibility for the child; or
- the court.
When deciding whether to make a special guardianship order the child's welfare will be the court's paramount consideration. A special guardianship order will not be made if the court does not feel it is in the best interest of the child.
Once a special guardianship order has been made, the special guardian will normally be the permanent carer for the child until that child reaches the age of 18. A special guardianship order gives the special guardian parental responsibility for the child.