Fostering
Special Guardianship Orders (SGO): Pros, Cons and Support
A Special Guardianship Order (SGO) gives a child a long-term, legally secure home with someone who is not their parent—often relatives or former foster carers—while preserving legal links to birth family. It sits between long-term fostering and adoption on the “permanence” spectrum: more secure than fostering, but without the full legal severance of adoption. In law, an SGO is made under Children Act 1989, s.14A, and special guardians hold parental responsibility (PR) that they can exercise to the exclusion of others (usually the parents) when making day-to-day decisions. The order normally lasts until the child turns 18.
What an SGO means in practice
Once an SGO is made, the special guardian takes on the role of the child’s primary legal carer. They make decisions about schooling, health appointments, day-to-day routines and many significant matters without needing the parents’ agreement (parents usually retain PR, but the special guardian’s PR takes precedence in practice). This balance is one reason SGOs are often chosen where adoption feels too absolute or culturally unsuitable, yet the child needs more security than fostering can offer. Statutory guidance explains how SGOs were designed specifically to fill this gap, offering permanence short of adoption.
Who can apply and the three-month notice rule
Applicants must be over 18 and not a parent of the child. Eligible applicants commonly include relatives, former foster carers, or anyone with the court’s permission. Crucially, anyone intending to apply must give the local authority three months’ written notice before issuing their court application (there are limited exceptions when the court gives leave in competing adoption proceedings). The notice triggers a social-work investigation and report for the court, covering suitability, the child’s needs and views, contact, and proposed support. The court should not make an SGO without receiving that report. These requirements are set out in statutory guidance and local procedures across England and Wales.
The court process and support plan
The court looks at the child’s welfare (Children Act 1989, s.1) and assesses whether an SGO meets their long-term needs better than alternatives. A key document is the Special Guardianship Support Plan, which should detail practical, financial and therapeutic help for the child and carers, including arrangements for contact with birth family. Good practice is to share a draft with prospective special guardians before the final hearing so they can take advice on whether the package is adequate and legally robust.
Pros of an SGO
1) Security and day-to-day authority
SGOs provide the child with stable, long-term care while allowing the special guardian to make decisions without constant consultation with parents. This greater security than long-term fostering is a principal policy aim of SGOs.
2) Preserves identity and family links
Unlike adoption, SGOs keep the legal link to birth parents. Courts can define contact arrangements (direct or indirect), supporting the child’s identity and relationships where safe and appropriate. Statutory guidance emphasises careful planning of contact in the support plan.
3) Appropriate for many kinship placements
SGO can be the right fit where a child is settled with relatives/friends (kinship carers) and adoption would be culturally or emotionally unsuitable. National guidance and practice bodies position SGO as a core permanence option in kinship care.
4) Access to financial and therapeutic support (England/Wales)
Special guardians can be assessed for financial support (often means-tested) and practical services. In England, eligible SGO families can access the Adoption Support Fund (ASF) for therapeutic interventions via their local authority. Sector guides explain the route and encourage increased uptake by SG families.
5) Educational advocacy is improving for kinship children
Government policy highlights expanding the Virtual School Head focus to include children in kinship care, aiming to improve attendance, attainment and wellbeing—an indirect but important benefit for SGO households navigating school.
Cons and common challenges
1) Means-tested allowances and variability
Unlike fostering allowances (with national minimums in England/Wales), SGO financial support is discretionary/means-tested and can vary between authorities. Statutory guidance is clear that money should not be the sole reason to make or refuse an SGO, but carers often experience uncertainty about long-term support.
2) Responsibility without the “corporate parent” framework
After an SGO, the local authority is no longer the corporate parent. Special guardians shoulder full day-to-day responsibility and must self-advocate for services. The support plan matters; vague promises (e.g., “subject to funding”) can be hard to enforce later.
3) Managing complex contact
Where birth-family dynamics are challenging, facilitating safe, child-focused contact can be difficult. That’s why courts expect a clear contact plan—and why ongoing support (mediation, supervised venues, review points) can be crucial.
4) Discharge and disputes can be stressful
An SGO can be varied or discharged by the family court on application from eligible parties (including the special guardian, the local authority holding a care order, or—subject to permission—the parents or the child). These applications are infrequent but can be emotionally taxing and require legal advice.
What support can special guardians get?
Assessment and services
Local authorities must assess on request the needs of the child, the special guardian and certain family members for special guardianship support services—this can include financial support, respite, training, counselling, therapeutic help, and contact services. The framework is set out in the Special Guardianship Regulations 2005 (as amended) and statutory guidance.
Financial help
Where paid, SGO allowances are typically means-tested and reviewed. Sector guidance and LA policies explain how income/expenditure is assessed to set and review payments, including how exceptional needs can justify top-ups. Independent charities also outline wider benefits that kinship carers may claim.
Therapeutic support (England)
Through the Adoption Support Fund, English SGO families may access funded therapies (e.g., DDP, CBT, sensory integration) following an assessment by their local authority or regional adoption agency. Uptake has been a priority for national bodies.
Education
Schools should recognise the impact of early adversity on learning and behaviour. With government focus on kinship and Virtual School links, SGO families should ask schools about pastoral support, reasonable adjustments, and links to Educational Psychology or CAMHS if needed.
SGO vs adoption vs long-term fostering: picking the right fit
- SGO vs adoption: Adoption transfers full legal parenthood to adopters and usually ends the legal tie to birth parents. SGO preserves legal links and typically includes a structured contact plan. For some children and families, that continuity supports identity; others may need the total legal clarity of adoption.
- SGO vs long-term fostering: Fostering retains the local authority as corporate parent and provides set allowances and professional oversight; SGO offers more parental authority and stability in a family network but with more financial variability and less routine oversight.
Tips before you apply
- Get early legal advice so you understand PR, contact, changing surnames/school, travel abroad, and how to enforce a support plan. Many councils signpost local legal aid firms and independent advice lines.
- Insist on a specific, costed Support Plan—with names of services, hours, funding routes, and review dates. Ambiguity now becomes frustration later.
- Document the child’s needs (education/health/therapeutic). Good evidence supports stronger packages and, if needed, ASF applications in England.
- Plan contact carefully: locations, supervision, transport, and how to handle changes as the child grows.
- Follow the three-month notice rule to your local authority and engage fully with the assessment process and report.
Can an SGO be changed or ended?
Yes. The court can vary or discharge an SGO. Special guardians themselves can apply; parents may need the court’s permission (leave) to apply. Local authorities can also apply when there is a care order. Because these cases are fact-specific and potentially complex, guardians and parents should seek legal advice.
Bottom line
An SGO can be a powerful permanence option—especially for kinship carers—combining stability, everyday parental authority and the ability to keep safe, structured links with birth family. The trade-off is less guaranteed financial support than fostering and the need to self-advocate for services. If you’re considering an SGO, get advice early, secure a detailed support plan, and follow the three-month notice process so the court has the best evidence to make a child-centred decision. For clear, accessible explainers and downloadable advice sheets, see independent organisations supporting kinship carers and the government’s statutory guidance.