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Guardianship Orders in the UK

A practical guide to Special Guardianship Orders for children in England and Wales, and adult guardianship in Scotland. Our experienced estate planners and in-house legal team explain the process in plain English with links to official sources.

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Understanding Guardianship

What Is a Guardianship Order?

In England and Wales, a Special Guardianship Order (SGO) is a family court order that appoints one or more individuals as a child’s special guardian. It gives them parental responsibility, usually until the child turns 18, while preserving the child’s legal link with birth parents. SGOs are designed for children who cannot live with birth parents and where adoption is not appropriate. See the Children Act 1989, ss 14A-14F and GOV.UK guidance. legislation.gov.uk | GOV.UK - Become a special guardian | Child Law Advice | Cafcass

Special Guardianship Order (England & Wales)

An SGO appoints a child’s special guardian. The special guardian holds parental responsibility and can make most decisions about upbringing, typically to the exclusion of others with PR (with limited exceptions). Children Act 1989 s14C | Who can apply

How It Differs From Adoption

SGO does not end the child’s legal relationship with birth parents; adoption does. SGO provides long-term stability without permanently severing legal ties. Cafcass | Child Law Advice

Who Can Apply

Applicants must be 18+. Often relatives or foster carers. If the child is looked after, you must give the local authority written notice 3 months before applying. GOV.UK - Who can apply | GOV.UK - Apply

Adult Guardianship (Scotland)

Scotland has a separate regime for adults who lack capacity. A guardianship order authorises welfare and/or financial decisions under the Adults with Incapacity (Scotland) Act 2000. mygov.scot | Office of the Public Guardian (Scotland)

Key Point:

SGOs give special guardians parental responsibility and strong day-to-day decision-making powers, with some decisions still requiring agreement or court permission (for example, changing a child’s surname or long stays abroad). Children Act 1989 s14C

Plain-English Guide

Special Guardianship Orders: Process, Rights and Support

Everything you need to know about SGOs in England and Wales: eligibility, the local authority assessment, court applications, what parental responsibility means in practice, how SGOs vary from fostering or adoption, support/allowances and how orders can be changed. All statements below are linked to official or reputable sources.

Eligibility & Pre-application Notice

Applicants must be 18+ and are usually relatives or foster carers with a meaningful relationship to the child. If the child is looked after, you must give the local authority 3 months’ written notice before applying so they can prepare a report for the court. Children Act 1989 s14A | GOV.UK - Apply | Child Law Advice

Local Authority Assessment & Report

The local authority assesses suitability and provides a detailed report to the court covering the child’s needs, your capacity to meet them, proposed contact with birth parents and recommendations. Cafcass overview | Public Law Working Group Best Practice

Court Application & Forms

You apply to the family court and usually file forms such as C1 (application) and C13A (statement), plus an FM1 (mediation information) where required. Copies must be served on affected parties. GOV.UK - Applying to the court | MoJ leaflet CB4 (guide)

How the Court Decides

The court’s paramount consideration is the child’s welfare. It considers the local authority report, the child’s relationships, proposed contact, and whether SGO is the most appropriate order versus alternatives (return home, fostering, adoption). Children Act 1989 - SGO framework | Cafcass Guidance (PDF)

Parental Responsibility: What You Can Decide

While the order is in force, a special guardian may exercise parental responsibility to the exclusion of others with PR (apart from another special guardian). Certain decisions still need agreement or leave of the court, such as changing a child’s surname or taking the child abroad for over three months. Children Act 1989 s14C | Parental Responsibility - Child Law Advice

Contact with Birth Family

SGOs often include arrangements for ongoing contact with birth parents or relatives, tailored to the child’s best interests. Cafcass provides guidance and best-practice resources. Cafcass | PLWG Best Practice

Support & Allowances

Local authorities must consider support for special guardians (training, counselling, respite, financial allowances). Support availability can vary by area. Charities offer guidance and benefits overviews. Kinship (SGO overview)

SGO vs Long-term Fostering vs Adoption

SGO gives stronger security than fostering by conferring PR on the carer, yet unlike adoption it keeps the child’s legal tie with birth parents. Suitability depends on the child’s welfare and case facts. Cafcass comparison | Child Law Advice

Varying or Discharging an SGO

The court can vary or discharge an SGO. Applications may be made by special guardians, parents (with permission where required), or others with leave. The court again focuses on the child’s welfare. Children Act 1989 s14D

Adult Guardianship in Scotland

For adults lacking capacity, a guardianship order can authorise decisions about welfare and/or property/finances. Applications are under the Adults with Incapacity (Scotland) Act 2000, with forms and guidance available online. mygov.scot - How it’s set up | Scottish Government forms & guidance | OPG (Scotland)

Good to know:

SGO best-practice guidance emphasises thorough assessment, clear support plans and realistic contact arrangements to sustain placements. Public Law Working Group Best Practice | Cafcass SGO Guidance (PDF)

Protection & Stability

Why Families Consider a Special Guardianship Order

SGOs provide legal stability for children who cannot live with birth parents, offering the carer strong parental responsibility while keeping family connections where safe and appropriate.

Long-Term Home

SGOs are intended to last until the child is 18, providing permanence without adoption where that is not suitable. Cafcass

Clear Decision-Making

Special guardians have PR and can make most day-to-day and many major decisions for the child. Children Act 1989 s14C

Retains Family Links

Unlike adoption, SGO does not end the child’s legal relationship with birth parents. Appropriate contact can be maintained. Child Law Advice

Access to Support

Local authorities consider support plans, including financial allowances and services. Provision varies by area. Kinship

Alternative to Fostering/Adoption

For some children, SGO offers the right balance of stability and ongoing family identity. Cafcass

Best-Interest Focus

The court’s top priority is the child’s welfare and stability, informed by assessment and evidence. Children Act framework

Note:

SGO is powerful but not absolute. Certain decisions may still require consent or court permission, and the order can be varied or discharged if the court considers it necessary for the child’s welfare. Children Act 1989 s14D

Simple Process

From Initial Advice to Special Guardianship Order

We guide you through notice, assessment and the court application, coordinating with children’s services and ensuring documents are accurate and complete.

1

Early Advice & Local Authority Notice

We clarify eligibility and prepare your written notice to children’s services (usually 3 months before applying if the child is looked after). We explain the assessment and what evidence helps.

  • Check eligibility
  • Draft notice to the local authority
  • Explain assessment focus
  • Plan for proposed contact
2

Assessment & Court Application

We support you through the local authority assessment and prepare the court application, including forms C1 and C13A and service on affected parties, aligning with Cafcass and best-practice guidance.

  • Collate evidence
  • Prepare forms & statements
  • Liaise with children’s services
  • Serve parties correctly
3

Order, Support & Next Steps

If the court makes the SGO, we help with practicalities, support plans, contact arrangements and what to do if circumstances change (including variation/discharge or further applications).

  • Understand PR duties
  • Support & allowances guidance
  • Contact arrangements
  • Future reviews if needed

Timing: Timeframes vary by case and court timetables. Pre-application notice, assessment and court stages can each take several weeks. We focus on complete, accurate paperwork to reduce delays. GOV.UK - Apply | Cafcass overview

Why Choose Us

Why Choose Johnson & Johnson For Guardianship

Compassionate, precise and efficient. We translate legal rules into clear steps, coordinate with children’s services, and prepare robust applications grounded in best practice.

Experienced Estate Planners

Clear, practical explanations with careful document checking.

In-House Legal Team

Accuracy and compliance with the Children Act and court rules.

Resource-Linked Advice

We link to legislation and official guidance so you can verify every step. Children Act - SGO

Secure Document Handling

We store documents safely and keep you informed at each stage.

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"They guided us through special guardianship with clarity and care. Every step was explained and handled professionally."

R. M. Leeds

"Professional, compassionate and reliable. We felt supported from first call through to the court order."

J. T. Manchester
Google Rating
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Rated excellent
Common Questions

Frequently Asked Questions About Guardianship

Answers to the most common Special Guardianship and adult guardianship questions, with links to official guidance.

You must be 18+ and not the child’s parent. Relatives and foster carers commonly apply. If the child is looked after, you must give the local authority 3 months’ notice before applying. GOV.UK - Who can apply | Children Act 1989 s14A
A special guardian has parental responsibility and may exercise it to the exclusion of others with PR (apart from another special guardian). Some decisions still need consent or court permission, such as changing a child’s surname. Children Act 1989 s14C
You apply to the family court and typically file forms such as C1 (application) and C13A (supporting statement). You usually also address mediation requirements via FM1. GOV.UK - Apply | MoJ CB4 leaflet
No. Adoption ends the child’s legal relationship with birth parents. SGO gives long-term security and PR to the special guardian while preserving legal links to birth family. Cafcass
Yes. The court can vary or discharge an SGO on application. The child’s welfare remains paramount. Children Act 1989 s14D
Local authorities consider support needs, which can include allowances and services. Availability varies by area. Kinship - SGO overview
For adults who lack capacity, the sheriff court can appoint a welfare and/or financial guardian under the Adults with Incapacity (Scotland) Act 2000. Guidance and forms are available online. mygov.scot | OPG (Scotland) | Forms & guidance
The local authority assessment is thorough. It looks at your capacity to meet the child’s needs, safeguarding, contact proposals and long-term stability. Cafcass SGO Guidance (PDF) | Buckinghamshire Council - How you become a special guardian

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Local Areas We Cover

We provide professional will writing and estate planning services across Norfolk, Suffolk, Essex and the surrounding regions, covering all NR, IP, CO, CM, SS, PE, NN and MK postcode areas.

Norfolk (NR Postcodes)

  • Norwich
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Surrounding Regions (PE, NN, MK)

  • Peterborough and PE postcode areas
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Surrounding Towns and Villages: If you are within any NR, IP, CO, CM, SS, PE, NN or MK postcode, we can usually offer home visits or remote appointments. If you are unsure, contact us and we will confirm coverage.

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Official Sources

Verify Every Statement

We link to primary legislation and government guidance so you can check the details yourself.

Children Act: Special Guardianship

Children Act 1989 - Special Guardianship (ss 14A-14F)
s14C - Effect of SGO (parental responsibility)
s14D - Variation/discharge

How to Apply

GOV.UK - Become a special guardian
GOV.UK - Apply (forms & service)
MoJ CB4 leaflet (PDF)

Guidance & Best Practice

Cafcass - SGO overview
Cafcass SGO Guidance (PDF)
Public Law Working Group Best Practice (PDF)

Support & Allowances

Kinship - SGO

Adult Guardianship (Scotland)

mygov.scot - Guardianship
OPG (Scotland) - Guardianship Orders
Forms & guidance