Special Guardianship Orders Solicitors

Special Guardianship Orders Solicitors

Legal advice for Special Guardianship Orders (SGOs) – Wace Morgan Solicitors, Shrewsbury

Special Guardianship is a legal arrangement that offers children long-term stability when they cannot remain with their parents, but adoption is not the right option. It allows carers to make key decisions about the child’s upbringing while maintaining the child’s legal link to their birth family.

At Wace Morgan, our experienced family law solicitors in Shrewsbury guide grandparents, relatives, foster carers, and connected persons through the Special Guardianship process with practical advice and compassionate support.

 

Understanding a Special Guardianship Order (SGO)?

A Special Guardianship Order is made under the Children Act 1989. It gives one or more individuals enhanced parental responsibility, allowing them to make most decisions about a child’s upbringing without needing consent from the birth parents.

SGOs are designed to offer permanence and security for the child without legally ending their relationship with their parents.

Special Guardianship is often used when:

  • A child is being cared for by relatives or family friends
  • The local authority is involved, but adoption is not appropriate
  • A long-term foster carer seeks legal stability
  • Parental care has broken down, and a family-based placement is preferred

 

Applying for a Special Guardianship Order

You may apply for an SGO if you are:

  • You have a Child Arrangements Order for the child
  • You are the child’s grandparent, aunt, uncle, brother or sister (including by half blood, marriage or civil partnership) or step-parent, and the child has lived with you for at least 1 year
  • You are a guardian of the child who was appointed by the parent or special guardian to look after the child following their death
  • The child is in the care of children’s services, and they consent to you making an application
  • You are a local authority foster carer who has had the child placed with you for at least a year, or
  • The child has been living with you for at least 3 years out of the last 5

You can also apply if you have the consent of:

  • children’s services, if the child is in their care, or
  • everyone else who holds parental responsibility, including anyone who already holds a residence or child arrangements order

An in-depth local authority assessment will be required, including:

  • Background checks
  • Interviews
  • A comprehensive report for the Court

Our team helps you prepare thoroughly for the assessment and navigate each stage with confidence.

 

Local Authority Involvement and Support

The local authority must provide a detailed report before an SGO can be made. This includes:

  • The child’s background and current situation
  • The proposed guardian’s suitability
  • The child’s views (depending on age)
  • Future contact and support plans

Support may include:

  • Financial assistance
  • Therapeutic services
  • Help with contact arrangements

We help clients understand their rights and negotiate fair support packages to ensure the placement is viable.

 

Special Guardianship and Care Proceedings

SGOs are often considered during Care Proceedings, particularly when:

  • A child is at risk of harm
  • The local authority seeks alternatives to long-term foster care or adoption
  • Relatives wish to care for the child

We help extended family members navigate:

  • Viability assessments
  • Applications for party status
  • Filing a formal SGO application

Early legal advice is essential to present a strong case to the Court and protect the child’s long-term welfare.

Read more about Care Proceedings here 

 

Our Approach to Special Guardianship Applications

At Wace Morgan, we offer clear, responsive support at every stage:

  • Confirming eligibility and preparing a notice of intention
  • Liaising with social services and supporting your assessment
  • Drafting and filing SGO applications
  • Representing you in court hearings
  • Assisting with contact and support arrangements

We act with urgency and empathy to help you provide a safe, stable home for a child in your care.

 

Legal Aid for Special Guardianship Applications

Accessing legal support can be crucial when applying for or responding to a Special Guardianship Order. Legal Aid may be available, depending on your financial circumstances and the nature of your involvement in the case.

  • Parents involved in Care Proceedings are usually entitled to non-means-tested Legal Aid.
  • Relatives or connected persons (such as grandparents or foster carers) may qualify for means-tested Legal Aid if:
    • You are applying to become a Special Guardian during Care Proceedings,
    • Or your application involves significant issues of child welfare or protection.

At Wace Morgan, we can assess your eligibility for Legal Aid, explain your funding options, and ensure any necessary applications are submitted promptly. We are committed to making high-quality legal advice accessible when it matters most.

 

Get Specialist Legal Support Today

If you are considering applying for a Special Guardianship Order or have been approached about caring for a child, it’s vital to get the right legal advice from the outset. At Wace Morgan, our experienced family law solicitors in Shrewsbury are here to guide you every step of the way — with clear, practical support tailored to your circumstances.

At Wace Morgan, our experienced legal team are experts in their field, providing clear, reliable advice across a range of legal matters. Call us today on  01743 280 100 or request a call back online using our enquiry form

FAQs

A legal order granting one or more people parental responsibility for a child, providing long-term care without fully severing legal ties to the birth parents.

Relatives, foster carers, or other individuals who have cared for the child for at least 12 months or have the Court’s permission.

No. Parents retain limited rights, including the ability to apply for contact. However, Special Guardians can make major decisions independently.

Yes. Local authorities may offer financial support based on the child’s needs and the guardian’s financial situation.

Until the child turns 18, unless it is varied or discharged earlier by the Court

Still have questions?

Contact a member of our legal team.

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