Special guardianship orders

In circumstances where a child cannot reside with their parents due to issues such as neglect, lifestyle concerns, or risk of physical or sexual harm, it may be necessary to put in place a permanent or long-term arrangement through a special guardianship order.

Our family law team are highly experienced in special guardianship order matters, including obtaining, challenging, varying, or discharging such orders. We operate across London and surrounding areas, including: Bedfordshire, Hertfordshire, Northamptonshire, Surrey and West Sussex.

Special guardians can include any of the following:

• a family friend or a relative, including grandparents, adult siblings, aunts, and uncles etc
• a local authority foster carer and the child has lived with you for at least one year
  preceding the application
• the child has lived with you for three of the last five years
• you are the guardian of the child
• you have the consent of those who have parental responsibility for the child
• you have the consent of the local authority is the child is looked after
• you have a child arrangements order in respect of the child
• you have permission from the court to make the application.

Special guardians must be 18 or over and must not be the child’s birth parents and they will have parental responsibility for the child until they reach the age of 18.

Whilst the parents may continue to have parental responsibility towards the child, the special guardian will hold a higher level of parental responsibility and in some cases, may override the wishes of the parents.

To obtain a Special Guardianship Order, you must give the Local Authority [where the child lives], three months’ notice of your intention to apply. The Local Authority will undertake an assessment of you to establish where it supports the making of a Special Guardianship Order in your favour.

Once the application is issued, the court will list the case for a hearing and consider all parties views, including those of the child. If matters cannot be agreed, the court will decide whether the order should be made at final hearing.

If you are successfully granted a Special Guardianship Order, you are also entitled to advice, information, counselling and financial assistance from the Local Authority. These issues should be considered within the Special Guardianship Order assessment.