When someone steps in to raise a child who isn't their own, the situation can be emotionally complex and legally unclear. For those in this position, working with family solicitors Kings Lynn, or those in Peterborough, or wherever you may live, can help bring clarity and security through options like special guardianship.
Choosing to become a special guardian is a big step, and it's not always easy to know if it's the right one. In this blog post, our experts will explore how special guardianship works and whether it could be the best route for your family.
What is a special guardianship order?
A special guardianship order (SGO) is a legal order that appoints one or more individuals to be a child's permanent guardian. It sits somewhere between adoption and foster care. You get parental responsibility, which lets you make day-to-day decisions about the child's upbringing, but the birth parents don't lose all their legal ties.
It's most often used by relatives-like grandparents, aunts, uncles or older siblings-but close family friends or foster carers can also apply. It's designed to give children a secure and stable home without severing family connections entirely.
Who can apply for special guardianship?
Not everyone can apply to become a special guardian. You need to be over 18, and you must not be the child's parent. The law sets out specific criteria for eligibility:
- You've cared for the child for at least one year continuously
- You are a local authority foster carer
- You have the consent of all those with parental responsibility
- You have a residence order or are named in a child arrangements order
You'll also need to give your local authority three months' written notice before making an application to court, which gives them time to assess your suitability.
What rights does a special guardian have?
If the court grants the order, you'll gain parental responsibility, meaning you can make decisions about the child's health, schooling, and daily life. Your rights trump those of anyone else with parental responsibility, including birth parents, in most cases.
However, you can't change the child's surname or take them abroad for more than three months without either the court's permission or consent from all other parties with parental responsibility.
This balance of rights means SGOs work well when maintaining a connection to the birth family is important, but the child still needs legal protection and a sense of permanence.
The assessment process
Once you notify the local authority of your intent to apply, they'll begin a detailed assessment. This typically includes home visits, background checks, references, and interviews.
They'll want to understand your relationship with the child, your ability to meet their emotional and physical needs, and whether the arrangement will work in the long term. They'll also gather input from the child and the birth parents where appropriate.
The local authority then prepares a report for the court, which will be taken into account when the judge decides whether to grant the order.
Financial and practical support
Some special guardians may be eligible for financial help from the local council. This isn't guaranteed and varies depending on the child's needs and the guardian's circumstances.
Support can include:
- A special guardianship allowance
- Help with legal costs
- Therapeutic support for the child
- Parenting classes or training
Charities like Family Lives offer guidance on what you might be entitled to and how to apply. Your solicitor can also help you ensure any support needs are addressed during the court process.
What are the pros and cons?
Like any legal arrangement, special guardianship has advantages and challenges. On the plus side, it offers long-term stability and allows the child to stay within their extended family or existing care network. It also avoids the finality of adoption, which can be emotionally significant.
On the downside, it can sometimes lead to conflict if birth parents disagree with decisions made by the guardian. You'll also be taking on full-time parenting responsibilities, which can be a big shift, especially if you were previously a grandparent or family friend.
A family solicitor can talk you through how an SGO would apply in your specific situation and help you weigh up your options.
What if things change?
Life circumstances can shift. Maybe the child's needs change, or your ability to care for them alters. In those cases, SGOs can be varied or discharged, but this usually requires a court application.
Birth parents can also apply to challenge the order, though they need permission from the court first. This isn't granted lightly, and the focus will always be on the child's best interests. You'll have ongoing support from your solicitor if any issues arise. It's a good idea to review the arrangement regularly and keep communication open with other family members where possible.
Is it right for your family?
If you're already caring for a child full time, an SGO might offer the security and authority you need. It can formalise your role, give you peace of mind, and ensure the child feels settled and safe.
But it's not the only option. Alternatives include child arrangements orders or even adoption. Each comes with different responsibilities and legal effects. Talking to a solicitor who understands your family situation can help you choose the best route.
Creating stability through guardianship
Every family situation is unique, but for many, a special guardianship order offers the perfect balance of legal protection and emotional connection. It keeps children close to people they know and trust while allowing decisions to be made with confidence and authority.
Whether you're a grandparent, foster carer, or close family friend, seeking professional legal advice early on can help you navigate the process smoothly. The right support makes all the difference.
This article is for general guidance only and does not replace tailored legal advice. Special guardianship is a significant legal step and should always be discussed with a qualified solicitor. A legal professional can advise you on eligibility, support options and court procedures to help you make the best decision for your family and the child in your care.
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