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Special Guardianship Orders (SGO) in England: Pros, Cons and the Support You Can Expect

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Special Guardianship Orders (SGOs) create a secure, long-term home for a child who cannot live with their parents—without severing the legal link to birth family as adoption does. An SGO gives the special guardian enhanced parental responsibility (PR) and day-to-day decision-making power until the child turns 18. Parents keep PR, but the special guardian can exercise theirs to the exclusion of others for most decisions.

Below is a clear, practical guide to how SGOs work, the advantages and drawbacks compared with other permanence options, and the money and services available to help families thrive.

What exactly is an SGO?

An SGO is made by a family court. It appoints one or more people (often relatives or long-term carers) as the child’s special guardian. The order usually lasts until age 18 unless the court ends it earlier. While it’s in force, special guardians hold PR and can make everyday and significant decisions—education, health, routines—without needing routine consent from others with PR. However, some things still need consent or the court’s leave: changing the child’s surname, and taking the child out of the UK for more than three months. (A special guardian may take the child abroad for up to three months without further consent.)

SGOs preserve the legal relationship with birth parents. That can help a child’s identity and life-story work, especially when a family member is the carer.

Who can apply—and what’s the process?

Who can apply without asking the court for permission first? The Children Act 1989 sets out eligible groups, including: the child’s guardian; a relative the child has lived with; a foster carer the child has lived with for at least a year; someone with a “lives with” Child Arrangements Order; or anyone with the consent of everyone who has PR. Others can apply with the court’s permission.

Three months’ notice. Anyone intending to apply must give the local authority three months’ written notice (the child’s social-care authority if the child is looked after; otherwise the applicant’s home authority). The council must investigate and prepare a report for the court on suitability and the child’s needs.

What the court looks at. The judge considers the local authority report, the child’s welfare (as the paramount consideration), and whether special guardianship best meets the child’s need for security and stability compared with the alternatives (long-term fostering, adoption, child arrangements order).

Can an SGO be changed or ended? Yes, but it’s designed to be stable. Section 14D allows variation or discharge. A parent needs the court’s permission to apply, and the court will only give leave if there’s been a significant change in circumstances.

Pros of Special Guardianship

1) Security without legal severance
For many children—especially those in kinship placements—SGO gives long-term security while preserving a legal link to family and identity. That middle path can be right when adoption feels too absolute but long-term fostering doesn’t feel permanent enough.

2) Clear day-to-day decision-making
Special guardians can make everyday and most significant decisions without needing routine parental consent, reducing conflict and delay around school, health and routines.

3) Travel flexibility
A special guardian can take the child abroad for up to three months without additional consent (longer needs consent of all with PR or the court’s leave). That’s helpful for family holidays or visiting relatives.

4) Access to education entitlements
Children who were looked after immediately before an SGO are treated as previously looked-after. They get priority in oversubscribed school admissions, a designated teacher in school, and the school can claim Pupil Premium Plus (PP+) funding to support attainment—set at £2,630 per eligible pupil in 2025–26.

5) Therapeutic support may be funded
Families can be assessed for support via the Adoption and Special Guardianship Support Fund (ASGSF)—covering therapies like DDP, CBT or sensory integration where assessed as needed. Local authorities/Regional Adoption Agencies apply on the family’s behalf. (See also the “What support is available?” section below.)

Cons and challenges to weigh up

1) Financial support is discretionary and means-tested
Unlike fostering allowances, SGO allowances aren’t automatic. Councils assess need and means under the Special Guardianship Regulations 2005, review annually, and can vary by area. Case law indicates councils should base SGO rates on fostering allowance structures and must justify paying less—so amounts and experiences differ.

2) Less wrap-around support than fostering
An SGO typically ends the local authority’s “corporate parent” role. You won’t usually have a supervising social worker or routine statutory visits as in fostering—support relies on the SGO support plan and what’s agreed.

3) Managing contact
Contact with birth family is common and can be positive, but it places responsibility on special guardians to manage arrangements (or apply to vary any contact order) in the child’s interests.

4) Long-term duties and legal responsibility
The order runs to age 18. Special guardians take on the legal, financial and emotional responsibilities of parenting through to adulthood—often for children who have experienced trauma, SEND needs or complex histories. Having a robust support plan matters.

5) Funding pressure can affect access to therapy
In 2025 there was public concern about reductions to ASGSF budgets, with professionals warning of delayed or cancelled therapy for adopted and SGO families. Availability can fluctuate year to year, so keep evidence of assessed needs and escalate promptly if funding gaps appear.

What support is available under an SGO?

Statutory support framework
The Special Guardianship Regulations 2005 and statutory guidance set out the support councils must consider after assessing need: financial help, therapeutic services, counselling, training, support groups, help with contact, respite, and assistance with legal costs connected to applying. Support is recorded in a Special Guardianship Support Plan and reviewed.

Financial support in practice

  • Regular allowance (means-tested): To meet a child’s specific needs (for example, disability-related costs or the consequences of past trauma). Councils review annually.
  • Former foster carers—transitional payments: If you fostered the child and received a fee element, Regulation 7 allows councils to keep paying that fee element for two years (and longer at their discretion) to help families adjust.
  • One-off or specific payments: Equipment, bedroom furniture, safety adaptations, travel for contact, legal costs tied to applying—if needed to secure the placement.

Therapeutic support (ASGSF)
The ASGSF can fund time-limited therapeutic interventions following an assessment by your local authority/RAA (they must apply within a set window after assessment). Children up to 21 (or 25 with an EHCP) can be eligible. Availability and caps are set nationally and can change—ask your social worker to explain the current position when you’re assessed.

Education entitlements

  • Priority admissions for previously looked-after children (including SGO) and advice from your Virtual School team.
  • Pupil Premium Plus: £2,630 (2025–26) routed to schools; parents/guardians must declare the child’s status to the school each year.
  • Designated teacher and Virtual School Head duties to promote attainment and inclusion.

SGO vs Adoption vs Long-term Fostering (at a glance)

  • Legal status & PR:
    • SGO: Special guardian has PR and can exercise it to the exclusion of others (with exceptions). Birth parents keep PR.
    • Adoption: Adoptive parents have sole PR; the legal link to birth parents ends.
    • Long-term fostering: PR remains with parents/local authority; foster carers make day-to-day decisions under delegated authority.
  • Timeframe:
    • SGO: Usually to 18; discharge/variation is possible but tightly controlled.
    • Adoption: Permanent and rarely reversed.
    • Fostering: Can be long-term but is not a private-law permanence order.
  • Money & support:
    • SGO: Means-tested allowance; access to ASGSF; fewer routine statutory visits than fostering.
    • Adoption: ASGSF access; no fostering allowance.
    • Fostering: Weekly fostering allowance + fee; formal supervision and training.
  • Moving/holidays:
    • SGO: Up to 3 months abroad without consent; longer needs consent or court. Surname change needs consent/court.

Step-by-step: the SGO journey

  1. Give notice to your local authority three months before applying. If the child is looked after, notify the authority currently responsible; otherwise notify the authority where you live.
  2. Assessment & checks. The council completes an assessment and writes a report for the court covering your suitability, the child’s needs, proposed support, and contact arrangements.
  3. Apply to court. Your solicitor files the application. The court may list a case management hearing, direct further evidence, and set a final hearing.
  4. Support plan agreed. Ensure the Special Guardianship Support Plan is specific: amounts, duration, review dates, therapy, respite, contact help, and who to call.
  5. After the order. Notify schools (for PP+), GP/dentist, benefits (child benefit/UC interactions), and keep copies of the order for travel or consent queries.

FAQs that trip people up

Do I need permission to take my child abroad?
You can travel for up to 3 months without additional consent. For longer trips, you’ll need everyone with PR to agree or the court’s permission.

Can I change my child’s surname?
Only with the written consent of everyone with PR or the court’s leave.

Will my care order end if an SGO is made?
Courts generally discharge existing care orders when making an SGO (it’s unusual but not impossible for both to exist). Your solicitor will advise on the plan in your case.

How are SGO allowances decided?
They’re assessed and reviewed under the Special Guardianship Regulations. Former foster carers can, in some cases, receive the fostering fee element for two years under Regulation 7. Local policy and case law affect rates locally.

Practical tips to get the support you’re entitled to

  • Ask for a written SGO Support Plan before the final hearing. Check it lists specific payments (amounts/dates), respite, training, and who provides therapy.
  • Evidence matters. Keep school and health reports that show the need for interventions—helpful for ASGSF applications.
  • Use education levers. Tell school the child is previously looked-after so they can claim PP+ (£2,630 in 2025–26) and involve the designated teacher early.
  • If funding changes, escalate quickly. Where therapy is delayed due to national budget changes, work with your social worker and, if needed, the council complaints process.
  • Get independent advice. Charities like Family Rights Group and Kinship publish step-by-step guidance on SGOs and support.

Bottom line

For many children living with relatives or long-term carers, an SGO strikes the right balance: strong legal security, day-to-day parental authority, and access to targeted support, while maintaining the child’s legal connection with their birth family. The key to success is planning the support package well—before the order is made—and knowing which entitlements to claim afterward.

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