Applying for a Special Guardianship Order in Wales Without a Solicitor

You Do Not Need a Solicitor

There is no legal requirement to have a solicitor when applying for a Special Guardianship Order in Wales. Many kinship carers — particularly grandparents on fixed incomes who do not qualify for legal aid — handle the process themselves as litigants in person.

The Family Court is required to treat unrepresented parties fairly. Judges will explain procedure and allow reasonable adjustments, though they cannot advise you on your case or tell you what to say.

The Steps Without a Solicitor

The process is the same whether you have legal representation or not:

1. Give written notice — In the usual case, give the relevant Welsh local authority three months' notice of your intention to apply for an SGO. If the child is subject to a placement order and an adoption application has been made, the court can grant leave for a competing SGO application without the three-month wait; written notice is still required. Keep a copy with proof of delivery.

2. Request a support needs assessment — At the same time, write to the council requesting a Special Guardianship Support Needs Assessment under Section 14F. This starts the process for financial support.

3. Complete your court forms — Fill in Form C1 (SGO application) and Form C13A (supplemental welfare statement). If you need court permission to apply, file Form C2 first. All forms are free to download from GOV.UK in English and Welsh.

4. Apply for fee help if needed — Complete Form EX160 (Help with Fees) if you are on a low income or receiving qualifying benefits. The £270 court fee may be reduced or waived entirely.

5. File at the Family Court — Submit your forms to a Family Court hearing centre in Wales (Cardiff, Swansea, Newport, Mold or Wrexham). You can file in person or electronically where supported.

6. Cooperate with the local authority assessment — A social worker will conduct home visits, interviews and background checks. They prepare a report for the court.

7. Attend court hearings — First comes the First Hearing Dispute Resolution Appointment (FHDRA), where Cafcass Cymru's safeguarding information is shared. Directions are set for the local authority report. The final hearing is where the judge decides.

What to Prepare for Hearings

Judges expect all parties — including unrepresented ones — to understand their case. Before each hearing:

• Read all documents filed by other parties and the local authority report carefully
• Prepare a brief written position statement explaining what you want and why
• Organise your evidence chronologically in a paginated bundle
• Arrive early and let the court usher know you are a litigant in person

You can bring a McKenzie Friend — someone who sits beside you, takes notes, and whispers advice. A McKenzie Friend cannot address the judge or examine witnesses unless the judge grants explicit permission.

Free Help for Unrepresented Applicants

• Support Through Court — volunteers at Family Court centres across Wales help with paperwork, explain procedures and accompany you into the courtroom (they cannot give legal advice)
• Kinship — free advice line for kinship carers, including guidance on completing court forms
• Family Rights Group — telephone advice on SGO procedures (0808 801 0366)
• Child Law Advice — free legal information covering family court matters

When a Solicitor Might Be Worth It

Uncontested SGO applications where all parties agree are usually manageable without a solicitor. But if the birth parent actively opposes the application, if there are safeguarding allegations, or if the case involves complex public law care proceedings, professional legal representation can make a material difference. Ask your local authority whether they will contribute to legal costs as part of the SGO support package.

The Full Walkthrough

The Kinship Care in Wales guide covers every stage of the application process — forms, fees, what to expect at each hearing, and how to handle the assessment — written specifically for people navigating the system without a lawyer.

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