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What is Special Guardianship?
A special guardianship order can be made when it is intended that a child should live permanently with carers who are not their parents, often relatives or family friends. The aim of a special guardianship order is to legally secure the child’s permanent placement with those carers.
A special guardianship order gives parental responsibility to the carers who become known as “Special Guardians”. On the making of an order the parents retain parental responsibility for their child but the special guardians can exercise their own parental responsibility to the exclusion of others, including the parents. This means that special guardians can make important decisions concerning the child and are not required to consult with the child’s parents. There are some important exceptions to this relating, for example, to a change of the child’s surname or removal of the child from the UK for a period of more than 3 months. In these cases parental consent or permission of the court is required.
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What to Expect From Our Special Guardianship Solicitors?
We have a team of specialist solicitors who are experienced in advising and representing you should you be undergoing an assessment for a Special Guardianship order or have received an assessment and require advice.
In all our work we adopt a child-centred view and try to ensure the best possible outcome for the families involved.
We can advise you on special guardianship, and what it would mean for you and your family.
Why Choose TV Edwards?
Our specialist family team is top ranked in Chambers UK and highly commended in the Legal 500 2025 legal directories. The department has been recognised in The Times as a top 20 firm for family law in their 2025 guide.
Having a large team of dedicated and specialist solicitors means that we can advise in a wide range of family cases, including divorce, finances and children. Our specialist expert divorce solicitors handle complex cases with significant assets. Our specialist children lawyers are often at the forefront of family law handling groundbreaking cases in the high court and court of appeal.
We are passionate about the work do and are committed to provide exceptional client service to get you the best possible outcome in often stressful circumstances.
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Special Guardianship Frequently Asked Questions
Who Can Apply for a Special Guardianship Order?
Special guardians must be over the age of 18 and must not be a parents of the child. They are often family members or the child’s current foster carers. The following individuals can apply to be special guardians:
- A relative that the child has lived with for a period of at least one year before the application
- A foster carer for a child where the child has lived with the carer for a year
- Any person with whom the child has lived with the carer for a period of 3 years out of the last 5 years
- If the child is in care, then anyone who has consent from the local authority can make an application
Additionally, the court can give permission to a person to apply for a special guardianship order if there is a sufficient connection to the child or other justification for granting permission
Where there are existing proceedings concerning the child the court can of its own motion make a direction that the Local Authority prepare a special guardianship report with respect to any prospective carers for the child.
What Do I Have to Do If I Want to Become a Special Guardian?
The person applying for a special guardianship order must give notice to the Local Authority of their intention to apply for an order three months before making an application. The Local Authority must then undertake an investigation and prepare a special guardianship assessment report.
There is statutory guidance which sets out what needs to be taken into consideration in any assessment undertaken by the Local Authority. This must address amongst other things, the child’s circumstances, the child’s family, the wishes of the parents and child, the circumstances of the special guardian and how they will meet the child’s needs. This also will include information about your financial resources.
What Are My Rights As a Special Guardian?
If you are granted a special guardianship order, you will have overriding parental responsibility. This means you will be entitled to make welfare decisions on a day-to-day basis in respect of the child in your care.
However, there are some circumstances in which your parental responsibility does not mean that you can act without the consent of other people who share parental responsibility, which include:
- You can’t change the child’s name
- You can’t remove the child from the country for more than 3 months
- You can’t consent to the child being adopted
How Will The Court Decide Whether to Grant a Special Guardianship Order?
The court will determine whether a special guardianship order is in the child’s best interests by reviewing all the evidence brought forward.
How Long Does a Special Guardianship Last?
A special guardianship lasts until the child is 18.
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