What is a Special Guardian?

A Special Guardian is a person who has been granted a formal court order called a Special Guardianship Order (SGO). This gives them parental responsibility for a child up to the age of 18. Unlike an Adoption Order, an SGO does not legally separate the child’s relationship with their birth parents. There is an underlying assumption that contact with parents and other family members will continue where it is in the child’s best interests.

Can anybody become a special guardian?

Special guardians must be 18 or over. They must have an existing or potential relationship with the child. The parents of a child may not become that child’s special guardian. A court may make a special guardianship order in respect of the child on the application of:

  • any guardian of the child
  • a local authority foster carer with whom the child has lived for one year immediately before the application
  • anyone who holds a Residence Order with respect to the child, or who has the consent of all those in whose favour a Residence Order is in force
  • anyone with whom the child has lived for three out of the last five years
  • where the child is in the care of a local authority, any person who has the consent of the local authority
  • anyone who has the consent of all those with parental responsibility for the child
  • any person, including the child, who has the leave of the court to apply

How does it benefit the child?

With an SGO, there is no complete legal separation from the child’s birth parents. So, unlike an Adoption Order, the child remains within their extended family network. At the time of the courts making an SGO, a support plan will be agreed. This is to identify what ongoing support you will need. It includes consideration of financial support.

How do I apply for a Special Guardianship Order?

Any person who wishes to apply for a special guardianship order must give three months’ written notice to the local authority of their intention to apply. On receipt of notice of an application, or if the court makes a request, the local authority must investigate. Then it will prepare a report to the court about the suitability of the applicants to be special guardians.

There is no specific form that this notice needs to take. The prospective special guardian can send a letter or email to children’s services. This should say that they want to apply for a special guardianship order.

Dorset Council undertakes Special Guardianship Assessments for Dorset children. These may be:

  • assessments which arise during care proceedings, where a child is already in the care of the local authority
  • direct applications to the court

The Application Process

This includes the steps that need to be taken before the application form can be sent to the Family Court. You should seek independent legal advice before deciding whether to apply for a special guardianship order. Relatives or friends who are considering making an application for a special guardianship order may be entitled to legal aid to cover: 

  • the costs of legal advice
  • court fees 
  • representation at court 

Or, if children’s services support their application, then they may fund the applicant’s legal costs. This offer may only include an initial meeting with a solicitor. Prospective special guardians can request that children’s services fund: 

  • ongoing legal advice
  • court fees 
  • representation at court

Independent legal advice could be advice from:

  • a solicitor. To find a solicitor, you can search using the how to find a solicitor function on the Law Society website. You should look for someone who is a child law specialist, or who has Children Law Accreditation
  • Family Rights Group’s specialist legal and practice advice line. You can contact them on 0808 801 0366 (the advice line is open Monday to Friday, from 9:30am to 3pm excluding Bank Holidays)

The Assessment Process

The court cannot make a special guardianship order unless it has received a report from children’s services. This report says whether the person would be a suitable special guardian. Children's services will begin an assessment of the person once they receive notice of an application to become an SG.

They then draw this up into a report. This is sent to the court to consider as part of the application for a special guardianship order. The special guardianship assessment report will be very detailed. Your assessing social worker will support and guide you through this process in a sensitive way. The assessment will involve a social worker speaking to the relative or friend. They do this to find out about their background and their plans for if the child comes to live with them. This includes how they will maintain their relationship with their parents and other family members.

How does the Family Court decide who to give permission to?

When deciding whether to give permission, the court will consider:

  • their connection with the child
  • any risk that the application will disrupt the child’s life to such an extent that they will be harmed by it

If the child is already looked after by children’s services, the court must take into account:

  • Children’s services’ plans for the child’s future
  • the wishes and feelings of the child’s parents

What support will I get as a Special Guardian?

Dorset Council provides special guardianship support services, which includes:

  • assistance in relation to contact (known as family time) and can include mediation
  • counselling, advice, and information
  • access to therapeutic services
  • support groups
  • financial support can be offered in certain circumstances

We work closely with SG's. We support them with the challenges they face in providing care for someone else’s child. We want to ensure the family environment remains positive for both the child and family.

Our Fostering, Kinship and Supported Lodgings Service are happy to help.

If you want to know more about being a special guardian then please call Dorset Fostering, Kinship and Supportive Lodgings Service on 01305 221484.
This number is available during our office hours 8:40am to 5:30pm from Monday to Thursday, and 8:40am to 4pm on Friday. 

You can also email us at fosteringduty@dorsetcouncil.gov.uk.

A Special Guardianship Enquiries drop in is held online on the second Tuesday of each month. This is held from 7pm to 8pm.

Find out more about fostering with Dorset Council. We also have a Facebook page.