What's the process for getting a special guardianship order (SGO)?

本站添加: 2026-05-27

[00:00:01]A special guardianship order or SGO is a legal order made by the family court. It gives a child a permanent home, providing them with long-term stability and security until they're 18 years old.

[00:00:16]As a special guardian, you'll gain overriding parental responsibility.

[00:00:21]You'll make key decisions about the child's life even without parents consent. But if it's safe, try to collaborate with the parents when you can.

[00:00:32]Considering an SGO is a big step for kinship families. Always remember your local authority should never pressure you into applying.

[00:00:43]Before applying, it's important to get legal advice. You might be eligible for legal aid to help with costs. Your local authority might also help pay towards legal costs.

[00:00:57]Check with your solicitor and local authority.

[00:01:01]If the child was previously in the care of children's services, any previous support arrangements like foster care allowances may change. You might get some financial support in the form of an SGO allowance. It's usually based on your income and gets reviewed each year.

[00:01:20]When you move from fostering to SGO, children's services will no longer supervise you in the same way. Through the application process, you can use a solicitor or represent yourself. There are two main routes when applying for an SGO. The first is the private law route where you apply to the family court for an SGO yourself. This is usually when there is an informal arrangement that you want to legally formalize.

[00:01:51]In this case, the child must have lived with you for 1 year.

[00:01:56]You can also apply for an SGO if everyone with parental responsibility agrees or if the child is in care, the local authority agrees.

[00:02:07]Otherwise, you can still apply for permission to seek an order by completing a C1 form.

[00:02:14]The second is the public law route where children's services are already involved such as in care proceedings and the court considers an SGO as a possible outcome for the child.

[00:02:27]Together with children's services, you'll create a special guardianship support plan alongside your SGO application.

[00:02:35]Its purpose is to outline the ongoing support tailored for your kinship family and the child.

[00:02:42]You have the opportunity to provide input into this plan, but it's vital to seek legal advice on what's included.

[00:02:50]The judge will review your support plan as part of the court process.

[00:02:55]Getting an SGO involves several key steps. You need to tell children's services 3 months before you apply.

[00:03:05]Before applying for an SGO through the family court in private proceedings, you usually need to attend a MYAM, a mediation information and assessment meeting.

[00:03:17]When you apply for an SGO, you'll need to include a completed FM1 form to show you have either attended a MYAM or that you are exempt. In both public and private law routes, children's services will send a social worker to assess your suitability and the child's needs.

[00:03:38]This covers your background and family life and includes an enhanced DBS check for relevant household members. The social worker will then prepare a report for the family court. The family court will review all the information, including your support plan, and make the final decision. The process may involve several court attendances.

[00:04:01]Children's services cannot remove the child from you without a new court order.

[00:04:08]It's not easy for parents to challenge an SGO either. If they want to care for the child again, it has to go back through court. Parents need to show they've made significant changes and are now the best person to look after their child. Once you get your SGO, you are now the child's legal guardian and they will live with you until they're 18.

[00:04:32]If there is a significant change in your circumstances or the child's needs, you can ask the local authority to reassess your support needs.

[00:04:42]We're here to help you understand your rights and responsibilities every step of the way. You can read more about special guardianship orders on the kinship website. Go to kinship.org.uk/sgo or contact our dedicated advice team for personalized support.