Special Guardianship

Special Guardianship Orders

Our expert family care team has extensive experience advising carers for children about Special Guardianship Orders (SGO) – a form of court order that confers parental responsibility on someone, usually a ‘kinship carer’ (another family member) who will provide permanent, long-term care for a child.

The purpose of an SGO is to provide stability and security for children who are unable to live with one of their parents and for whom adoption is not a suitable option. An SGO preserves the relationship with the child’s natural birth family and means there is a potential opportunity for ongoing contact with parents and other family members. Whilst the parents do not lose their Parental Responsibility, the Special Guardian will have the final say on most aspects of decision making for the child or children in their care.

Legal advice for prospective Special Guardians

For anyone who is put forward as a Special Guardian for a child or children, the first step will be for a social worker to undertake what is called a ‘Viability Assessment’. This is an initial enquiry to look at the situation on a preliminary basis and to see if the circumstances warrant the preparation of a full Special Guardianship Assessment.

Local Authorities usually provide funding for potential Special Guardians to receive legal advice about the Court process after there has been a positive Viability Assessment or a subsequent positive SGO Assessment.

If the Viability Assessment is negative and the person assessed does not agree with the outcome, they will be given the opportunity to challenge it through the Court. The Local Authority will not usually provide funding for advice about challenging the assessment.