Special Guardianship Orders

May 13, 2025

Understanding Special Guardianship Orders

Navigating the complex landscape of child welfare can often feel overwhelming, particularly when the best interests of a child are at stake. For many families, a Special Guardianship Order (SGO) represents a crucial pathway to provide children with stability, care, and long-term support when their birth parents are unable to do so. At Tayntons Solicitors in Gloucester, we specialise in offering expert advice on SGOs, helping families explore this vital legal framework with clarity and confidence.

What is a Special Guardianship Order (SGO)?

A Special Guardianship Order is a legal arrangement granted by the court that appoints a special guardian to care for a child. SGOs are particularly significant in circumstances where the child cannot live with their birth parents usually due to welfare concerns.  A special guardianship arrangement avoids a child being placed in long-term foster care or adopted when a family member or closely connected person is able to care for a child, giving children the stability they need while maintaining their connection to their biological family.

Introduced under the Adoption and Children Act 2002, SGOs came into effect in 2005. They are designed to prioritise the child’s well-being by granting the special guardian parental responsibility until the child turns 18. This ensures the child grows up in a nurturing environment while retaining ties to their familial roots, an essential factor for their emotional and psychological development.

Why Choose a Special Guardianship Order?

Special Guardianship Orders provide stability, making them a preferred choice for many families. They are particularly suitable for children who have experienced trauma, instability, or neglect, ensuring they can remain within the family if possible or offering security rather than remaining as a child in care. Key benefits of SGOs include:

• Stability and Permanence: SGOs offer a long-term solution, ensuring that the child can thrive in a supportive and stable environment without the uncertainties of temporary arrangements.
• Maintaining Family Connections: SGOs allow children to remain connected to their biological families, preserving a sense of cultural and familial identity. This is especially significant for older children with strong attachments to their relatives.
• Legal Authority: Guardians are granted parental responsibility, enabling them to make key decisions about the child’s education, healthcare, and general welfare without the need to consult others with parental responsibility. Some decisions still require consent.

At Tayntons Solicitors, our expert family law team helps individuals and families in Gloucester understand the benefits of Special Guardianship Orders, ensuring every decision prioritises the child’s best interests.

Who is Eligible for a Special Guardianship Order?

Eligibility for a Special Guardianship Order is intentionally inclusive to ensure that children are placed with individuals who can provide the care they need. Applicants must:

1. Be at least 18 years old.
2. Have a significant connection to the child, such as relatives, family friends, or other individuals who are close to the child.
3. Demonstrate the ability to provide a stable, nurturing home environment.

The application process involves comprehensive assessments of the applicant’s home environment, financial stability, and overall suitability, conducted by social services.  It will also include DBS checks.  This is referred to as a Special Guardianship Assessment, which will be required by the Court to make an order.  The child’s wishes may also be taken into account, ensuring the arrangement aligns with their best interests.

How to Apply for a Special Guardianship Order in Gloucester

Applying for an SGO can be a complex process, involving thorough documentation and collaboration with the local authority. Here’s an overview of the steps involved:

1. Notify the Local Authority: Inform your local council of your intention to apply for an SGO.
2. Consultation with Social Services: Meet with a social worker, who will carry out a detailed assessment of you.
3. Submit an Application: Provide detailed documents, including a statement about why the SGO is in the child’s best interests. An application may require the Courts permission.

If you’re considering an SGO in Gloucester, Tayntons Solicitors are here to guide you through every step of the process. Our legal experts can simplify the documentation and ensure your application highlights your commitment to the child’s welfare.

Rights and Responsibilities of Special Guardians

An SGO confers parental responsibility, enabling guardians to make all key decisions in a child’s life, such as:

• Enrolling the child in school.
• Consenting to medical procedures.
• Overseeing daily activities and routines.

Additionally, special guardians can access financial support and services, including allowances and counselling, from the local authority. This is designed to help the guardian provide the best possible care for the child.  This will form part of the assessment.

However, SGOs also come with significant responsibilities. Special guardians must ensure the child’s physical, emotional, and educational needs are met, while also supporting their development and facilitating contact with birth parents where appropriate.

Challenging or understanding a Special Guardianship Assessment?

You may have already been assessed by Social Services within Court proceedings and may wish to challenge this assessment if negative.   Tayntons Solicitors can provide advice also on this.  If your assessment is positive we can provide advice on the package that is being offered with the SGO and negotiate this if required.

Why Choose Tayntons Solicitors in Gloucester?

At Tayntons, we pride ourselves on being a trusted legal partner for families seeking support with Special Guardianship Orders. With decades of expertise in child guardianshiplaw, and rated as ‘Excellent’ on ReviewSolicitors we understand the unique challenges families face and are committed to finding solutions that prioritise the well-being of the child.

By choosing us, you’re gaining a legal team that offers:

• Expert guidance tailored to your family’s needs.
• Compassionate advice with a focus on achieving the best outcome for the child.
• A professional, reassuring experience backed by years of trusted service to Gloucester and its communities.

Take the First Step Towards Special Guardianship Today

If you believe a Special Guardianship Order is the right solution for your family or want to explore your options further, contact Tayntons Solicitors today. With our expertise, we can help you provide a child with the loving, stable home they deserve.

Call our family team on 01452 522047 or contact the team here.