What Is a Special Guardianship Order?

When a child cannot live with their parents, the court has several legal options to ensure they are cared for safely and securely. One of these is a Special Guardianship Order (SGO).

An SGO is designed to provide a child with long-term stability without completely severing the legal relationship with their birth parents.

The Legal Framework

Special Guardianship Orders were introduced under the Adoption and Children Act 2002.

They are commonly used in England and Wales where:

• A child cannot safely remain with their parents
• Adoption is not appropriate
• A long-term placement within the wider family is available

SGOs are often granted to grandparents, aunts, uncles, older siblings, or close family friends.

What Does a Special Guardian Do?

A Special Guardian gains parental responsibility for the child.

This means they can make most day-to-day and long-term decisions about:

• Education
• Medical treatment
• Living arrangements
• General welfare

Importantly, while birth parents usually retain parental responsibility, the Special Guardian can exercise their authority to the exclusion of others in most situations.

How Is It Different from Adoption?

The key difference is that adoption legally ends the child’s relationship with their birth parents.

With a Special Guardianship Order:

• The legal link to birth parents remains
• The child keeps their original birth certificate
• Contact arrangements can still be maintained where appropriate

An SGO therefore offers permanence and stability without the full legal break that adoption creates.

When Is an SGO Appropriate?

Courts may consider an SGO where:

• There has been care proceedings
• A child has been living with a relative for a significant period
• Adoption is not in the child’s best interests
• The child is older and wishes to maintain legal ties with their birth family

Before an SGO is made, the local authority must prepare a detailed report assessing the suitability of the proposed guardian.

Financial and Practical Support

In some cases, Special Guardians may be entitled to financial support, therapeutic service and practical assistance.  Support varies by local authority and individual circumstances.