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.

The effects of a special guardianship order

A special guardian acquires parental responsibility for the child. Subject to any other order in force relating to the child under ChA 1989 and subject to certain exceptions that are prescribed in ChA 1989 parental responsibility can be exercised by a special guardian to

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Local Government weekly highlights—3 July 2025

This week's edition of Local Government weekly highlights includes: case analysis of Norton v London Borough of Haringey, in which the court considers whether an LHA can determine the suitability of offered accommodation if it has not prepared a lawful assessment under HA 1996, s 189A(1) and Surrey CC v R (BC), in which the Court of Appeal provides an overview of the time frames involved for bringing a claim for judicial review, confirmation of when an LA is duty-bound to accommodate a child under ChA 1989, s 20 and clarity on the alternative methods that can be employed to children not deemed a ‘child in need’ and not requiring accommodation. Case reports include Mother v LA (ALC and CoramBAAF intervening), in which the court ruled that it was not in the child’s best interest for the court to make sibling contact order while granting a placement for adoption order for the younger child as it might deter potential adopters; X and Y v BBC, in which the court found BBC’s application for access to documents from care proceedings to be aimed at issues outside scope of court’s functioning and should be pursued through other mechanisms; Anwar v Ealing LBC, in which the court affirmed that construction of a crossover outside the appellant property under HA 1980, s 184(11) was lawful as statutory provisions do not require consent of adjacent affected property owners; Smith v Great Yarmouth Magistrates Court, in which the court dismissed an appeal against obstruction of a highway under HA 1980, s 137 with the central issue being whether land adjacent to Vauxhall Bridge constituted a public highway under HA 1980, s 31; and North Warwickshire BC v The Defendants, in which the court allowed the application for a final injunction brought by the LA to restrict protest activities at Kingsbury Oil Terminal. It also includes latest coverage on the implementation of Awaab’s Law including the government’s consultation response and draft guidance. It includes further updates on Social housing, Public procurement, Education, Local government finance, Social care, Licensing and Planning.

Court of Appeal allows Council’s appeal in connection with Judicial Review claim (Surrey County Council v R (on the application of BC)

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Scope of court’s powers under section 37(1) of the Children Act 1989 (Re E (Section 37 Direction))

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