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What is special guardianship?

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Special guardianship is a family court order that allows a child or young person to live with someone other than their parents, providing a long-term care solution. The person(s) with whom the child lives with will become the child’s special guardian(s).

If you are wanting to apply to the Family Court for a Special Guardianship Order, contact Johnson Astills to advise you further.

Who can apply to be a special guardian?

A special guardian must be at least 18 years old and must not be a parent of the child. Joint applications may be made. It is possible to apply for a special guardianship order if:

  • You are a local authority foster carer with whom the child has lived for a period of one year directly before the application
  • The child has lived with you for three of the last five years (and the child has not ceased living with you more than three months before the application)
  • You are the guardian of the child
  • The child is in local authority care and the local authority consents to you making an application
  • You have a Child Arrangements Order or a Residence Order in respect of the child
  • You are a relative of the child and the child has lived with you for at least one year immediately pre-dating an application
  • You have permission from the court to make the application

If you are unsure whether you can apply for a special guardianship order, contact Johnson Astills, who can advise you as to whether you would be eligible to make this application.

What are the effects of a special guardianship order?

  • Provides the child with long-term stability, and a safe and secure home
  • Grants parental responsibility (PR) to the special guardian
  • Maintains links with the child’s birth parent(s)
  • Enables the special guardian to have day-to-day control and to exercise their PR, excluding all others with PR, except another special guardian
  • Any existing Care Order on the child automatically ends when the Special Guardianship Order is made

If you are considering applying to the Family Court for a Special Guardianship Order, or have other questions in relation to children matters, please do not hesitate to contact the Family Team at Johnson Astills to discuss your matter further. Please call us at our office in Leicester on 0116 255 4855 or our office in Loughborough on 01509 610 312 and ask to speak to a member of the Family Team. Alternatively, you may prefer to email us at legal@johnsonastills.com or complete our enquiry form.

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