Child Law · Care Proceedings
A special guardianship order gives a relative or carer legal security to raise a child who cannot live with their parents, while keeping the child's link to their birth family. It sits between a child arrangements order and adoption. If you are caring for a child, or want to, we guide you through the notice, the assessment and the court application, with care for everyone's safety.
At a glance
Who it is for
Relatives, family friends and carers raising a child who cannot live with their parents. A parent cannot be a special guardian.
Secure until 18
It gives you parental responsibility and the day-to-day final say, and is more secure than a child arrangements order.
Notice and report
You give the council three months' written notice, and it prepares a report on your suitability before court.
Court fee
A court fee of £263, with Help with Fees available if you are on a low income.
A special guardianship order is a court order, under sections 14A to 14G of the Children Act 1989, that appoints one or more people as a child's special guardian. It is designed for children who cannot live with their birth parents, for whom adoption is not the right answer, but who need a secure, permanent home. It gives you legal standing to raise the child, while keeping the child's legal relationship with their birth parents in place.
In that sense it sits in the middle ground between a child arrangements order and adoption. It is more secure and long lasting than a child arrangements order, but, unlike adoption, it does not end the child's legal ties to their birth family.
You must be aged 18 or over, and you cannot be a parent of the child. Beyond that, the people who can apply include:
More than one person can apply together, and joint applicants do not need to be married. If you do not fall neatly into one of these categories, we can advise on whether you need the court's permission first.
A special guardianship order gives you parental responsibility for the child, and it lets you exercise that responsibility to the exclusion of others who hold it, apart from another special guardian. In plain terms, you have the day-to-day final say on how the child is raised, such as their schooling, health and daily life, without having to seek the birth parents' agreement each time.
There are a few important limits. You cannot change the child's surname, and you cannot take the child out of the United Kingdom for more than three months, without the consent of everyone with parental responsibility or the court's permission. The birth parents keep their parental responsibility, although their ability to use it is limited, and they keep their say over any future adoption. The order lasts until the child is 18.
A special guardianship order is often the answer where a child cannot safely stay with their parents but the wider family can offer a home. Where the local authority has brought care proceedings, a special guardianship order to a grandparent, aunt, uncle or family friend can be a better outcome than a care order, keeping the child within the family. Making a special guardianship order brings any existing care order to an end.
Many special guardianship orders are made precisely because a child needs protecting from harm at home. If you are stepping in to care for a child affected by domestic abuse, or you are a survivor yourself, we handle your application with the sensitivity it needs and keep everyone's safety at the centre.
Where there has been domestic abuse, you are not required to mediate with the person who has harmed you, and the court can put protective measures in place at any hearing. We raise safeguarding on your behalf. For free and confidential support at any time you can call the National Domestic Abuse Helpline on 0808 2000 247. In an emergency always call 999. The points on this page are correct as at June 2026 and are a general guide, not legal advice on your situation.
Applying for a special guardianship order takes planning, because of the notice period and the council's report. These are the main stages.
1. We assess your eligibility and options
We check that you are eligible, or whether you need the court's permission, and advise on whether special guardianship is the right order for the child, rather than another option.
2. Notice to the council, and the MIAM
We give the council the required three months' written notice. For a private application a MIAM is normally needed first, and where there has been domestic abuse the exemption applies, so you are not required to mediate.
3. The council's report and the application
The council prepares a report on your suitability. We complete your application and supporting statement, set out your case, and raise safeguarding where there has been abuse.
4. The court decides
The court considers your child's welfare, whether special guardianship is the right order, and whether contact with the birth parents should be arranged, before making the order.
Our family solicitors guide you through special guardianship from first advice to a sealed order, so a child in your care has the security they need.
We check your eligibility, look at the child's situation and any abuse, and tell you whether special guardianship is the right route and what to expect.
We serve the council's notice correctly, deal with the MIAM requirement and, where domestic abuse applies, the exemption, so nothing is missed or delayed.
We prepare your application and supporting statement, work alongside the council's assessment, and put your case for the child's security clearly to the court.
We represent you at each hearing through to a sealed order, and can advise on contact arrangements and the support you may be entitled to afterwards.
This is usually a privately funded application, and we offer a clear fixed fee so you know the cost from the start. There is a court fee of £263, and Help with Fees may reduce or remove it if you are on a low income. Legal aid for a special guardianship application is limited and means and merits tested, though it is more likely to be available where the order arises out of care proceedings, or where there has been domestic abuse or a risk of harm to a child. We will tell you honestly whether you may qualify and, where we cannot carry out legal aid work ourselves, help you find a provider who can. Separately, your local authority may offer special guardianship support, which can include a means-tested allowance, and we can point you to it. Any fee is set out clearly and in writing before any work begins, and there is no charge for an initial phone consultation.
A special guardianship order is a court order under sections 14A to 14G of the Children Act 1989 that appoints a relative or carer as a child's special guardian. It gives a secure, long-term home to a child who cannot live with their parents, while keeping the child's legal link to their birth family, unlike adoption.
Adoption ends the legal relationship between a child and their birth parents. A special guardianship order does not. The birth parents remain the child's legal parents and keep their say over any future adoption, but the special guardian has the day-to-day final say on raising the child. It is a more permanent version of care within the family.
Not easily. A special guardianship order is more secure than a child arrangements order. A birth parent who wants to discharge it must first get the court's permission, and can only do so by showing a significant change in circumstances since the order was made. This gives you and the child real stability.
Yes. You must give the local authority at least three months' written notice of your intention to apply. The council then prepares a report on your suitability to be a special guardian, which the court must have before it can make the order. We handle the notice and work alongside the assessment.
There may be. Your local authority can offer special guardianship support, which can include a means-tested allowance, though it is not guaranteed and is reviewed each year. There may also be help from other sources. We can point you to what is available and to the council's support assessment.
For a private application you would usually attend a MIAM before applying. Where there has been domestic abuse an exemption applies, so you are not required to mediate. Where the order arises within existing care proceedings, the MIAM requirement does not apply. We deal with this on your behalf.
The court fee is £263, and Help with Fees may reduce or remove it if you are on a low income. On top of that is our fixed fee, which we agree with you in writing before any work starts. Legal aid may be available in limited circumstances. The initial phone consultation is free.
Last updated: June 2026.
