What Is a Special Guardianship Order?

When a family crisis arises and children cannot be cared for by their birth parents, relatives or close friends might need to step in—possibly on a long-term basis. In such situations, special guardianship orders (SGOs) can offer the security and stability that children need. Below, we explain the essentials of special guardianship orders, how to apply, and why legal support is crucial.

What Is a Special Guardianship Order?

A Special Guardianship Order (SGO) is a legal arrangement granting one or more individuals (often relatives or close family friends) parental responsibility for a child or children. While it is less permanent than adoption, it still provides the guardian with significant autonomy over the child’s upbringing, ensuring stability without entirely cutting the child’s legal ties to their birth parents.

Why You Might Consider an SGO

  • Crisis in the Family Home: If a child’s birth parents are temporarily or permanently unable to care for them.
  • Existing Close Bond: The child already has a strong relationship with a grandparent, aunt, uncle, or family friend.
  • Need for Permanence: Long-term security is needed for the child, yet full adoption isn’t suitable.

In each case, the child’s best interests are paramount. Before an SGO is granted, the local authority will assess whether it meets those needs.

Applying for a Special Guardianship Order

1. Local Authority Assessment

Your local authority’s children’s services department will investigate and prepare a report for the court. The process involves reviewing your home environment, background checks, and gauging your ability to meet the child’s emotional and physical needs.

2. Official Application

If an SGO appears to be in the child’s best interests, you can proceed with submitting:

  • Application: (See the official form here)
  • Supporting Statement: Detailing why you are applying, your relationship to the child, and the proposed living arrangements.

3. Court Hearings

Once the paperwork is filed, the court will consider the local authority’s report and may schedule hearings. During these sessions, the child’s welfare remains the central priority.

Why Seek Legal Support?

Laws surrounding special guardianship can be intricate, and the outcome profoundly affects the child’s future. A family solicitor who specialises in child law will:

  • Explain the Process: Ensure you understand each step, from local authority assessment to court hearings.
  • Help With Paperwork: Prepare your application and supporting statements accurately, helping avoid costly mistakes or delays.
  • Represent Your Interests: Attend hearings with you, offer strategic advice, and advocate on your behalf.

How HM & Co. Solicitors Can Help

HM & Co. Solicitors is the UK’s largest law firm dedicated to family matters and proudly rated ‘Excellent’ on Trustpilot. Our child law solicitors have deep experience with SGOs, ensuring your questions are answered with empathy and legal accuracy. We guide you through:

  1. Special Guardianship Assessments
  2. Drafting and Filing Applications
  3. Court Representation

By providing clear, sound legal advice, we support you in making the best decisions for the child in question—helping to create a safe and nurturing environment.

Contact Us

If you’re considering an SGO or need advice regarding children’s proceedings:

HM & Co. Solicitors
186 Lower Road
Surrey Quays
London SE16 2UN

Telephone: 02071128180
Email: info@hmsolicitorsltd.com

For tailored guidance and expert support throughout the special guardianship process, speak to our specialist child law team today. We’ll walk with you every step of the way, ensuring the child’s welfare remains at the heart of each decision.

Your Questions, Answered

FAQs

Children’s Solicitors at HM & Co. Solicitors FAQs

1. What types of children’s law issues can your solicitors help with?

Our specialist children’s law team advises on a wide range of matters, including:

  • Setting up or changing child arrangements (sometimes known as custody or access)
  • Dealing with parental responsibility issues
  • Addressing concerns involving social services and local authorities
  • Guiding grandparents or other relatives who need legal assistance in caring for a child
  • Supporting surrogacy and adoption processes
  • Handling overseas travel or relocation with a child

2. Why should I use a solicitor that specialises in children’s law?

Children’s law can be complex and emotionally challenging. A solicitor who focuses on family and children’s matters can:

  • Offer tailored guidance relevant to your child’s wellbeing
  • Suggest child-centric solutions that prioritise minimal disruption
  • Negotiate on your behalf to help reduce conflict and stress
  • Provide clarity on legal processes related to parental responsibility, child arrangements, and more

3. Is the child’s welfare always the top priority in these cases?

Yes. Under family law in England and Wales, the welfare of the child is paramount. Courts, solicitors, and social services all centre on the child’s best interests when making decisions that affect their future. We keep this principle firmly in mind throughout every stage of advising and representation.

4. We’ve separated amicably. Do I still need a children’s solicitor?

Even in amicable break-ups, formalising child arrangements can prevent misunderstandings later. A solicitor helps ensure your agreement is legally sound, reflecting each parent’s responsibilities and the child’s needs. It can bring reassurance and stability for everyone involved.

5. How can you assist if I’m dealing with social services concerns?

Our children’s law solicitors can:

  • Explain your rights and responsibilities when social services become involved
  • Represent you in meetings or court proceedings, ensuring fair treatment
  • Offer practical advice on steps to resolve concerns and maintain your parental role

6. Can you help if grandparents or other family members want contact with a child?

Yes. We often advise grandparents, aunts, uncles, or other relatives who seek a child arrangements order to maintain or establish contact. Our team can guide you through the necessary legal procedures, providing the best chance of preserving those important family bonds.

7. What if I want to take my child abroad, or my ex-partner does?

Relocation and travel abroad can be sensitive areas in children’s law. We can:

  • Clarify legal requirements, especially if you plan an extended move
  • Help secure necessary permissions from the other parent or the court
  • Assist in objecting to a child’s relocation if you have concerns

8. Why is professional legal advice important for surrogacy and adoption?

Surrogacy and adoption involve:

  • Complex legal processes, including parental orders
  • Co-ordination with multiple parties, like agencies or local authorities
  • Ensuring correct legal status for parents and securing the child’s rights Having a solicitor means you can navigate each stage with confidence and clear guidance.

9. Can children’s solicitors represent the child in court directly?

Children can sometimes have their own representation, typically via a Children’s Guardian (appointed by the court). Our solicitors often work alongside these guardians, ensuring that legal decisions fully reflect the child’s best interests. In certain cases, older children may be able to instruct a solicitor themselves, depending on maturity and court approval.

10. How do I get started with HM & Co. Solicitors?

Simply contact us to set up an initial consultation: Address: 186 Lower Road, Surrey Quays, London SE16 2UN
Telephone: 02071128180
Email: info@hmsolicitorsltd.com

We’ll discuss your family’s specific situation, explore your options, and help you feel more confident about safeguarding your children’s welfare.

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