Special guardianship

What a special guardianship is

A special guardianship order gives the special guardian parental responsibility for the child. Unlike adoption, under a special guardianship order the birth parents remain the child's legal parents and share the parental responsibility. However, their ability to exercise this is limited. 

Responsibilities of the special guardian

The special guardian will have responsibility for day-to-day decisions about caring for the child or young person. This includes making decisions about their upbringing, for example, their education. In most situations, they can exercise parental responsibility without needing to consult the parents. 

Special Guardians will receive support from Children’s Services in meeting these responsibilities. 

Who can apply to be a special guardian

To be eligible for a special guardianship order one of the following must make the application: 

• any guardian of the child; 
• any person who is named in a child arrangements order as a person with whom the child is to live; 
• any person who has the consent of each person named in a child arrangements order as a person with whom the child is to live; 
• anyone with whom the child has lived for a period of at least 3 years (which need not be continuous, but must not have begun more than 5 years before, or ended more than 3 months before, the making of the application); 
• a relative with whom the child has lived for a period of at least 1 year immediately preceding the application; 
• where the child is in the care of a local authority, any person who has the consent of the local authority; 
• any person who has the consent of all those with parental responsibility for the child; 
• any other person, aged 18 or over (other than a parent) may apply for a Special Guardianship Order if they have the leave of the court to make the application

Individuals or 2 or more people can make an application. Joint applicants do not need to be married. Special guardians must be age 18 or over. Parents of the child cannot become special guardians. 

What happens next for a special guardian

To apply, write to the team manager of the Care and Support 0 to 12 Team. You must give the local council 3 months' notice in writing. Exceptions may apply if: 

• you have the court's permission to make an application 
• there is already an application for an adoption order before the court 

We advise you seek independent legal advice from a solicitor with child care experience before applying. 

The team manager for the relevant team will make sure that you are eligible to apply. They will respond in writing accepting your notification or explaining why it can't be accepted. They will also send you: 

• an information form 
• consent forms to allow checks with other agencies 
• a consent form for a Disclosure and Barring Service (DBS) check 

They will allocate a social worker to complete the assessment which will be required by the court. The assessment will need to be in-depth and will include: 

• statutory checks with other agencies such as health, education and local councils where you have lived 
• Disclosure and Barring Service checks 
• full medicals on you and the child 
• views of the child, parents of the child and you as the prospective special guardian 
• information about the child, parents and about you 
• written references (the social worker will visit referees) 
• information about contact 
• a support assessment (in most cases) 

When the report is complete the social worker will make a recommendation to the court about: 

• the merits of special guardianship 
• other orders 
• contact arrangements 

You will also need to make an application to the court. Your solicitor can provide information about how to do this or you can find it on the Court Service website. 

Contact your locality for more information on special guardianship. 

Find out about the support you can get as a special guardian.