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Special Guardianship Order (SGO)

A Special Guardianship Order (SGO) is an order of the court under the Children Act 1989, which grants the holder(s) parental responsibility over a child until they reach the age of 18. This enables the special guardian(s) to make day-to-day decisions on behalf of the child, such as in relation to their education.

It’s a legal order intended to meet the needs of children separated from their birth parents to offer more security to the children and their carers than provided by long-term fostering – but without severing all legal ties with their birth parents, as is the case with Adoption. 

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Who can apply for SGO?

Anyone with whom the child has been living for 12 months or more can apply to the Court for a SGO. This includes foster carers, grandparents, etc. The key issue is that there is an established relationship between the child and the person applying for the SGO. If the person has previously been the child’s foster carer, they will be entitled to a package of support from the local authority, including financial assistance.

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Do I have to take out an SGO?

Foster carers should not be pressurised into taking out an SGO. Fosterline can help you decide whether this is right for you, and you should always take independent legal advice (that may be funded by the local authority)  before proceeding with this serious step. 

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What support do special guardians receive?

Special Guardians are entitled to a Support Package which should be confirmed in writing. This can include:  

  • Financial support
  • Access to support groups/training
  • Help with contact arrangements with birth relatives  
  • Access to therapy for the child if necessary in the future
  • Respite or details of any other support available 

The financial support may differ from the level it was received as a foster carer, and it can be time limited and/or subject to review. Financial support will depend on the Local Authority assessment of the child’s needs and your own circumstances, including eligibility for benefits and tax credits (child benefit and child tax credit may be available). Make sure you are clear about the financial support and any tax/benefit implications. 

Potential impact on children and young people

Young people who are subject to an SGO are no longer “in care”, do not usually have a social worker, and will not qualify for “Staying Put” once they reach 18. However, young people aged 16 – 21 who were looked after immediately prior to the SGO being made are entitled to advice and support. Make sure you are clear about any support beyond 18 that will be offered. Consider contact arrangements carefully and any support needed obtain details of where to seek help should parents wish to change or challenge the arrangements.

Read more on SGOs, young people, and the responsibilities of the LA here. 

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If you decide that you wish to apply to become a special guardian, the local authority responsible for the child will carry out an assessment of your suitability and prepare a report for the court detailing the support package that you are being offered. Once an order is made, it is very difficult to get the support package reviewed so it is important that you take independent legal advice, which the local authority may pay for if they have asked you to become a special guardian. Check with them for details.

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If you are unsure of any of the points discussed, or have any further questions, contact us to speak with one of our friendly and knowledgeable fostering advisors. 

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