Special Guardianship Orders: Application Process and Bundle Preparation

Last updated: March 2026

By Stevie Hayes

Quick Answer

A Special Guardianship Order (SGO) grants parental responsibility for a child to someone other than the child's parents — most commonly a grandparent, aunt, uncle, or family friend — without severing the legal relationship between the child and their birth parents. SGOs are frequently used as an alternative to a care order or adoption in care proceedings, allowing children to remain within their wider family network. The application requires a detailed court bundle including the SGO assessment (carried out by the local authority), a support plan, evidence of the proposed carer's suitability, and the child's wishes and feelings. This guide explains who can apply, what the process involves, and how to prepare an effective bundle.

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Introduction

When care proceedings raise the question of where a child should live, the court must consider all realistic options. One of those options — and one that has grown significantly in prevalence over the past decade — is the Special Guardianship Order.

SGOs were introduced by the Adoption and Children Act 2002, which inserted sections 14A to 14G into the Children Act 1989. They were designed to fill a gap: children who could not safely return to their parents but for whom adoption was neither appropriate nor necessary. An SGO gives the special guardian day-to-day parental responsibility whilst preserving the child's legal relationship with their birth parents. The child keeps their surname (unless the court orders otherwise), the parents retain parental responsibility (though they cannot exercise it in a way that conflicts with the SGO), and the arrangement is reviewable by the court — unlike adoption, which is permanent and irrevocable.

According to CAFCASS data, the number of SGOs made in England has increased substantially since their introduction. In many care proceedings, the real question is not whether the child should leave the parents' care, but whether the child should live with a family member under an SGO or be placed in local authority foster care.

If you are a grandparent, aunt, uncle, sibling, or family friend considering applying for an SGO — or if you are already involved in care proceedings and an SGO is being discussed — this guide is for you.

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What Is a Special Guardianship Order?

An SGO is a court order made under section 14A of the Children Act 1989. It appoints one or more individuals as the child's "special guardian." The key legal effects are:

How Is an SGO Different From Other Orders?

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Who Can Apply for an SGO?

Under section 14A(5) of the Children Act 1989, the following people may apply for an SGO:

• A guardian of the child
• A person named in a child arrangements order as a person with whom the child is to live
• A person with whom the child has lived for at least 3 of the last 5 years
• A person who has the consent of all those with parental responsibility for the child
• A local authority foster carer with whom the child has lived for at least 1 year
• A relative with whom the child has lived for at least 1 year (under section 14A(5)(e))
• Any person who has the court's leave (permission) to apply

In care proceedings, the court can also make an SGO of its own motion — that is, without a formal application, if it considers that an SGO would be in the child's best interests.

What If I Am Not on the List?

If you do not fall into any of the categories above, you can apply to the court for leave (permission) to apply. The court will consider:

• Your connection with the child
• The nature of the proposed application
• The risk of the application disrupting the child's life
• Whether there is any local authority plan for the child's future that would be affected

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The Application Process

Step 1: Give Notice to the Local Authority

Before applying for an SGO, you must give the local authority at least 3 months' written notice of your intention to apply (section 14A(7)). This is sometimes called the "notice of intention." The purpose is to allow the local authority to carry out an SGO assessment (see below).

In care proceedings, this notice requirement is often managed within the court timetable, and the court may abridge the notice period if appropriate.

Step 2: The SGO Assessment

Once the local authority receives notice, it must investigate the matter and prepare a report for the court under section 14A(8). This is the SGO assessment — a comprehensive evaluation of:

• Your suitability to be a special guardian
• Your relationship with the child
• Your understanding of the child's needs
• Your physical and emotional health
• Your accommodation and financial circumstances
• Your support network
• The wishes and feelings of the child (given their age and understanding)
• The wishes and feelings of the child's parents
• The likely effect on the child of the making of an SGO
• Any relevant criminal history (DBS checks will be carried out)

The SGO assessment is a detailed piece of work that typically takes several weeks to complete. It will form a central part of the court bundle.

Step 3: The Support Plan

The local authority must also prepare a special guardianship support plan under the Special Guardianship Regulations 2005. This plan should address:

• Financial support — whether the local authority will provide a special guardianship allowance
• Counselling, advice, and information — for the special guardian, the child, and the parents
• Contact arrangements — how contact between the child and their birth parents will be managed
• Therapeutic support — whether the child needs life story work, therapy, or other specialist support
• Training and development — support for the special guardian in meeting the child's needs
• Review arrangements — when and how the support plan will be reviewed

The quality and generosity of support plans varies significantly between local authorities. If you believe the proposed support is inadequate, raise this with your solicitor. The court can consider the adequacy of the support plan when deciding whether to make an SGO.

Step 4: Filing the Application

The application for an SGO is made on Form C1 together with Supplement C13A. The application must be filed at the court and served on all parties, including:

• The child's parents
• Any person with parental responsibility
• The local authority
• The children's guardian (if proceedings are already underway)

Step 5: The Court Hearing

The court will consider the SGO application alongside all the other evidence in the case. It must apply the welfare checklist in section 1(3) of the Children Act 1989 and have regard to:

• The child's wishes and feelings
• The child's physical, emotional, and educational needs
• The likely effect of any change in circumstances
• The child's age, sex, background, and any relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• The capacity of each of the child's parents, and any other relevant person, to meet the child's needs
• The range of powers available to the court

The court must also consider the no order principle (section 1(5)) — it should not make an SGO unless doing so would be better for the child than making no order.

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Preparing Your SGO Bundle

If you are applying for an SGO — whether within care proceedings or as a standalone application — you will need a court bundle that is comprehensive, well-organised, and compliant with PD27A.

What to Include

Your Witness Statement

Your witness statement is your opportunity to tell the court, in your own words, why you should be the child's special guardian. It should cover:

1. Your relationship with the child — how long you have known them, the nature of your bond, how often you see them
2. Your understanding of the child's needs — what the child needs emotionally, educationally, and practically, and how you plan to meet those needs
3. Your living arrangements — your home, the space available for the child, the local area
4. Your support network — family, friends, and community support available to you
5. Your relationship with the child's parents — how you propose to manage contact, whether the relationship is supportive or difficult, and how you will navigate any challenges
6. Your understanding of the child's history — including any harm the child has experienced, and how you will help them process it
7. Your plans for the child's future — education, health, social development, and any specific needs the child has

Practical Bundle Tips

• Organise chronologically within each section — the most recent document last
• Include a clear index — the judge should be able to find any document within seconds
• Paginate consistently — every page numbered, with the index cross-referenced to page numbers
• Include only relevant documents — a bundle that is too long is as unhelpful as one that is too short
• File on time — late bundles frustrate judges and can prejudice your case

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How BundleCreator Can Help

Preparing an SGO bundle involves pulling together a range of documents from different sources — your own witness statement, the local authority's assessment, the support plan, character references, financial documents, and more. Keeping them organised, properly paginated, and compliant with PD27A is a significant task.

BundleCreator simplifies this process:

• Pre-structured templates for public children law bundles, with the correct PD27A sections built in
• Drag-and-drop document management — upload documents and arrange them in the right order
• Automatic pagination and indexing — add, remove, or reorder documents without manual renumbering
• Secure sharing — collaborate with your solicitor on the same bundle, with encryption protecting your sensitive documents
• Export-ready PDFs — generate a single, professionally formatted PDF for filing at court

Whether you are a family member putting together your first-ever court bundle or a solicitor managing multiple SGO applications, BundleCreator takes the administrative weight off your shoulders.

Start your free 14-day trial at bundlecreator.co

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Financial Support for Special Guardians

One of the most common concerns for prospective special guardians is money. Caring for a child is expensive, and many family members who step forward to care for a child in care proceedings do so at significant personal financial cost.

Special Guardianship Allowance

Local authorities have a duty to assess whether financial support is appropriate and, if so, to provide a special guardianship allowance. The amount varies between local authorities and should reflect the child's needs, but it is often benchmarked against the fostering allowance. In practice, many special guardians report that the allowance is lower than the equivalent fostering payment.

Means-Testing

The local authority can means-test the special guardian when determining the level of financial support. This means your income and savings may affect the amount you receive.

Legal Aid

If you are a party to care proceedings (whether as the child's parent, as an intervenor, or as a prospective special guardian who has been joined), you are likely to qualify for legal aid. If you are making a standalone SGO application outside care proceedings, legal aid may still be available — consult a solicitor to check your eligibility.

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Frequently Asked Questions

How long does an SGO last?

An SGO lasts until the child reaches 18, unless it is discharged by the court before then. Unlike adoption, an SGO can be varied or discharged if circumstances change — but the bar for doing so is high, and the court will always prioritise the child's stability.

Can the parents apply to have the SGO overturned?

Yes, but only with the court's permission (unless they were a party to the original SGO proceedings). The court will not grant permission unless there has been a significant change of circumstances since the SGO was made. This threshold is deliberately high, to protect the child's stability and the special guardian's ability to plan for the child's future without constant threat of litigation.

Do I have to allow contact with the parents?

Not necessarily, but in most cases some form of contact will be expected. The court will make directions about contact when it makes the SGO, taking into account the child's welfare. If the parents' contact is harmful to the child, the special guardian can apply to the court to restrict or supervise it.

Can more than one person be a special guardian?

Yes. A joint SGO can be made in favour of a couple (whether married, in a civil partnership, or cohabiting) or even in favour of two individuals who are not a couple. Both will share parental responsibility.

What happens if I can no longer care for the child?

If your circumstances change and you are no longer able to care for the child, you should seek legal advice immediately. The court can vary or discharge the SGO, and the local authority has a duty to review the support plan if your circumstances change. Do not simply return the child to the parents or hand the child over to the local authority without legal advice.

Is an SGO better than adoption for the child?

This depends entirely on the child's circumstances. Adoption provides permanence and finality — it severs the legal ties with birth parents and cannot be reversed. An SGO preserves those ties whilst giving the special guardian robust parental responsibility. For children who have a meaningful relationship with their birth parents, or who are from cultures where adoption carries particular stigma, an SGO may be more appropriate. The court will consider what is best for the individual child.

Can I get an SGO if the local authority objects?

Yes. The court makes the final decision, not the local authority. If the local authority does not support your SGO application, you will need to present strong evidence to the court explaining why the SGO is in the child's best interests. The guardian's analysis will be particularly important in this situation.

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Stepping forward to care for a child who cannot live with their parents is one of the most generous and consequential decisions a person can make. If you are considering an SGO application, seek legal advice early, engage constructively with the assessment process, and remember that you are offering a child something invaluable — a home within their family.