Special Guardianship Order: What is it and How to Apply

A special guardianship order is a court order which gives a person “super-parental” responsibility for a child. As such, the parental responsibility given to special guardians takes priority over anyone else with parental responsibility, including the child’s parents. This means that special guardians have the ultimate say regarding a child’s welfare, education, and health.

Advantages and Disadvantages of a Special Guardianship Order 

Before applying for a special guardianship order, it is important to understand the advantages and disadvantages of this type of guardianship arrangement. 

Advantages of a Special Guardianship Order 

Special guardianship offers a number of key advantages compared to parental responsibility, including: 

• Special guardians can make the final decisions regarding a child’s welfare, education, and health even if these are different to the wishes of those with parental responsibility.  
• Special guardians can safeguard the child from potentially harmful parental influences. 
• The child is not classified as a “looked-after child”. 
• Gives the child a sense of family stability. 
• The child can still keep in direct contact with their birth parents/family if it is appropriate to do so. 
• Arrangements can be put in place to limit potentially damaging contact where it is appropriate to do so. Such arrangements cannot be altered by the child’s parents. 
• The door remains open for the child to rejoin their birth parents if their circumstances have changed. 
• The child can maintain their cultural identity. 
• Special guardianship is considered less intrusive compared to a care or placement order. 
• The child’s birth parents cannot apply to discharge a special guardianship order unless they have the permission of the court. 

Disadvantages of a Special Guardianship Order 

Special guardianship also offers a number of disadvantages compared to parental responsibility, including: 

• There are certain restrictions on the use of a special guardianship order which means that permission of everyone with parental responsibility may be needed. This includes changing their surname or moving to a new country for 3 months or more. 
• Special guardians still need to consult with those with parental responsibility before moving within the UK and major medical procedures. The child’s parents can apply for a specific issue in order to challenge a special guardian’s decision. 
• Special guardians may deny contact unfairly towards the child’s parents, meaning that the child may have less contact with their parents than they would like. 
• Parental responsibility is not shared with the child’s parents. 
• The child will not grow up with their parents. 
• Parents can ask the court to have the order removed. 

How to apply for a Special Guardianship Order 

There are several steps involved in applying for a special guardianship order, as follows: 

1. Give notice to the relevant local authority of your intention to apply for a special guardianship order. This may be the local authority where the child lives, or the one that the child has been placed with as a ‘looked after child’. 

2. The local authority will carry out a detailed assessment and prepare a report for the court to determine whether you are suitable to become a special guardian 

3. You may need to go through a process of mediation – if so, you will need to attend a ‘Family Mediation Information and Assessment Meeting’. 

4. Prepare and submit the necessary legal documents to apply for a Special Guardianship Order. This may include the following forms:
   • ‘Application for an order’ (form C1) 
   • Supporting statement (form C13A) 
   • ‘Family mediation information and assessment meeting’ form (FM1) 

5. Pay the application fee. 

6. Court hearing – you will be asked to attend a court hearing where your application will be considered. The court will review the Special Guardianship Report and any other relevant information. 

7. The court will make a decision. The court will make its decision based on:
   • The wishes and feelings of the child given their age and understanding of the situation 
   • The child’s individual physical, emotional and educational needs 
   • The likely effect on the child of any change in his circumstances 
   • The age, sex, background and any characteristics of the child which the court considers relevant
     
8. If a special guardianship order is issued by the court, the local authority may provide ongoing support and monitoring to ensure the well-being of the child and the success of the special guardianship arrangement. 

How to end a Special Guardianship Order 

A special guardianship order will end either when the child reaches the age of 18 or if a person with parental responsibility successfully applies to the court to have the order discharged. 

Permission from the court is normally required to apply to end a special guardianship order unless it is the special guardian or local authority making the application. On receipt of the request for permission, the court will consider whether there has been a significant change in circumstances of a nature and degree sufficient. They will also weigh up the child’s welfare and the prospect of success. 

The court may agree to allow an application for the discharge of a special guardianship order if it is clear that there has been a significant change in circumstances. This means that strong evidence must be provided to the court that shows that there has been a change in the circumstances of the parent that is considerable, noteworthy or important. 

If the court gives permission, a full application to discharge the order can be submitted. A full hearing will then be arranged when the court takes into account a wider set of factors including the: 

• Child’s circumstances, wishes, feelings and welfare 
• Special guardian’s views on the plan to discharge the order and reunification 
• Plan for how the child may be returned to their parent’s care 
• Support that will be provided during and after the reunification, and 
• Proposals for ongoing contact between the child and the special guardian following reunification.  

Ultimately, the decision to end a special guardianship order will be made by the court based on the best interests of the child.