Who can Apply for a Special Guardianship Order?

A court may make a Special Guardianship Order in respect of a child on the application of:

1. Any guardian of the child
2. A local authority foster carer with whom the child has lived for one year immediately preceding the application
3. Anyone who holds a residence order with respect to the child, or who has the consent of all those in whose favour a residence order is in force
4. Anyone with whom the child has lived for three out of the last five years
5. Where the child is in the care of a local authority, any person who has the consent of the local authority
6. Anyone who has the consent of all those with parental responsibility for the child
7. Any person, including the child, who has the leave of the court to apply.

There are often two scenarios in which applications for these orders arise:

1. Stand alone applications which form part of Private Law Proceedings
2. Someone is assessed for a Special Guardianship Assessment as part of Public Law Care Proceedings; if you have been assessed as part of these proceedings and the Local Authority have agreed to fund your advice, then we will be able to provide this advice to you.

Please see our free fact sheet on Special Guardianship Orders that answers some commonly asked questions.