Children Act 1989 and Special Guardianship: Sections 14A–14G Explained

Every special guardianship order in England traces back to the Children Act 1989. If a social worker, solicitor or judge mentions "Section 14A" or "the 1989 Act" and you are not sure what they are talking about, this post breaks down the relevant sections in plain language so you can follow the conversation.

How SGOs Entered the Law

Special guardianship orders did not exist when the Children Act 1989 was first passed. They were added by Section 115 of the Adoption and Children Act 2002, which inserted Sections 14A through 14G into the 1989 Act. The aim was to create a legal status between a child arrangements order and adoption — something that gave relatives long-term security and enhanced authority without permanently severing the child's legal ties to their birth parents.

The Key Sections

Section 14A — making applications: This is the section that governs who can apply for an SGO and how. Categories who can apply without the court's permission include a child's guardian; a person named in a child arrangements order as someone the child lives with; a relative or foster carer with whom the child has lived for at least one year; someone the child has lived with for three of the last five years; and people with the required consent from those with parental responsibility or the local authority. Other applicants need the court's permission first. An individual applying under section 14A(3) or (6)(a) must give the local authority at least three months' written notice before applying, subject to a narrow exception for a competing SGO application in adoption proceedings. The local authority then has a duty to investigate and prepare a report.

Section 14B — making special guardianship orders: Before making an SGO, the court must consider whether a child arrangements order with contact provisions should also be made and whether an existing section 8 order should be varied or discharged. The court may also grant leave for a surname change or for the child to be taken out of the UK for more than three months.

Section 14C — the effect on parental responsibility: The critical section for understanding daily life under an SGO. The special guardian can exercise PR "to the exclusion of" anyone else with PR — meaning you make the day-to-day decisions without needing the birth parents' agreement. But two restrictions apply: you cannot change the child's surname or take the child out of the UK for more than three months without the written consent of everyone with PR or the court's permission.

Section 14D — discharge and variation: This section governs how an SGO can be ended or changed. People who may apply include the special guardian, a parent or guardian, someone named in a child arrangements order as a person the child lives with, someone with current or certain former parental responsibility, the child, and the local authority designated in a care order. A child, parent or guardian, step-parent with parental responsibility, and certain former PR holders need the court's permission (leave) first. A parent or qualifying step-parent must show a significant change in circumstances to obtain leave; a child must have sufficient understanding to make the application.

Section 14E — supplementary provisions: In proceedings about making, varying or discharging an SGO, the court must draw up a timetable to decide the question without delay and give directions to keep to it where reasonably practicable. An SGO or an order varying it may also contain provisions that apply for a specified period.

Section 14F — support services: Local authorities must make arrangements for special guardianship support services, including financial support. A special guardian or prospective special guardian of a child who was looked after immediately before the SGO can request an assessment, which the local authority must carry out. For other requests, it may assess; if it plans to refuse, it must give reasons and allow an opportunity to make representations. After an assessment, the authority must decide whether to provide services; the section does not guarantee a particular service.

Section 14G — representations and complaints: Requires each local authority to establish a procedure for considering representations, including complaints, about how it carries out its section 14F functions.

Private Law vs Public Law Applications

These terms confuse many people, and they come up constantly in SGO discussions.

Private law application: You apply for the SGO on your own initiative as a private individual. You file Form C1 and Form C13A with the Family Court, pay the £270 court fee (or apply for fee remission via Form EX160), and attend a MIAM or claim an exemption using Form FM1. This is the route for most grandparents and relatives who are caring for a child informally and want to formalise the arrangement.

Public law application: The local authority has started care proceedings under Section 31 of the Children Act 1989 — usually because the child is at risk of significant harm. During those proceedings, the court or the local authority may identify you as a suitable special guardian, and an SGO is made as part of the care proceedings rather than through a separate application. In this scenario, you may not need to file your own C1 — the court can make an SGO on its own motion under Section 14A(6)(b).

The practical differences matter:

Most kinship carers end up in the private law route, because the child came to live with them through a family arrangement rather than through local authority placement.

Why This Matters

You do not need to memorise these sections. But knowing they exist — and knowing which section your rights come from — helps you hold social workers and council staff accountable. When a local authority says they "don't have to" provide you with a support assessment, you can point them to Section 14F. When a parent threatens to take the child back, you know Section 14C protects your decision-making authority.

Next Steps

Our Special Guardianship Orders in England guide translates every one of these statutory provisions into practical steps — the notice letter, the forms, the assessment preparation and the support plan — so you can navigate the process yourself.

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