Special guardianship

A special guardianship order (SGO) is a private law order made under section 14A(1) of the Children Act 1989 (ChA 1989) that appoints one or more individuals to be a child's special guardian. An SGO confers parental responsibility on the special guardian.

SGO's have been described as a 'half-way house' between residence orders (now a child arrangements order regulating a child's living arrangements), and adoption orders.

An SGO is an alternative to adoption in cases where adoption may not be the best solution for a child who cannot live with their birth parents such as older children in long-term care who might wish to retain some legal ties with their birth families and who don't want to be adopted.

A parent cannot be a special guardian.

An SGO confers parental responsibility on the applicant which may be exercised to the exclusion of any other person with parental responsibility for the child (apart from another special guardian), subject to any other order in force with respect to the child.

See Practice Note: Special guardianship orders.

The effects of a special guardianship order

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