FM1 Mediation Exemption for Special Guardianship Orders

When you file a private application for a special guardianship order in England, the MIAM requirement applies unless a valid exemption or exception applies. Form FM1 records whether you attended a Mediation Information and Assessment Meeting (MIAM) or claim an exemption. HMCTS says FM1 must be sent with a C1 or C2 application.

Why Mediation Comes Up at All

Under Part 3 of the Family Procedure Rules 2010 and Practice Direction 3A, the MIAM requirement applies to specified private law proceedings about children unless an exemption or exception applies. The MIAM is an information and assessment meeting; attending it does not mean you have to proceed to mediation.

In practice, some SGO applicants are not in a "dispute" that mediation could resolve. A grandparent stepping in because a parent is in prison or in hospital may still have to meet the MIAM requirement unless an exemption or exception applies.

What Form FM1 Actually Is

Form FM1 is a declaration that you file alongside your main application (Form C1 and Form C13A). It confirms either:

1. You attended a MIAM — an authorised family mediator confirms your attendance. At the meeting, the mediator provides information about dispute-resolution options and assesses whether any may be suitable.
2. You claim a MIAM exemption — you give the reason you did not attend.

The mediator signs Part 1 of the form if you attended. You complete Part 2 yourself if you are claiming an exemption.

The Exemptions That May Apply to SGO Cases

Some MIAM exemptions relevant to SGO applicants are:

Domestic abuse: You have evidence that you or the child has been subjected to domestic violence or abuse by a respondent. Evidence can include a police caution or conviction, a non-molestation order or other protective injunction, a MARAC referral, a social services report, or a letter from a domestic abuse support organisation.

Child protection: The child is currently subject to a child protection plan, or the local authority is conducting a Section 47 enquiry.

Urgency: The application must be made urgently because delay would cause a risk of harm to a child, a risk of unlawful removal from the UK, or another urgent consequence specified in Rule 3.8.

Prior MIAM or other dispute-resolution attendance: You, as the prospective applicant, attended a MIAM or another non-court dispute-resolution process within the last four months about the same or substantially the same dispute.

You cannot attend because of detention or contact restrictions: You are in prison or another institution where you must be detained and cannot attend online or by video link, or you are subject to bail conditions or a licence condition preventing contact with the other person.

The MIAM requirement also does not apply to some applications by consent or applications concerning a child who is already subject to relevant emergency, care or supervision proceedings or orders. These are separate exceptions, not Rule 3.8 exemptions.

Filing FM1 Without a MIAM

If you qualify for an exemption, you do not need to find or pay a mediator. Complete the applicant section of Form FM1 yourself, tick the relevant exemption box, and file it with your C1 and C13A. If you attended a MIAM, the authorised mediator completes the attendance section.

If you are unsure whether you qualify, you can ask an authorised mediator about the MIAM requirement or attend a MIAM. The mediator will complete the attendance section of Form FM1. MIAM fees are typically £100–£150 per person, and legal aid covers the cost if you are financially eligible.

What Happens If You Forget FM1

Form FM1 must accompany a C1 or C2 application. If a claimed exemption is not valid, the court can direct you or the parties to attend a MIAM and, if necessary, adjourn the proceedings.

Do not confuse Form FM1 with the MIAM information required for Form C100 (Child Arrangements Orders). C100 has its own MIAM section; a separate FM1 is not used for that application. An SGO application uses C1 or C2, C13A and FM1 where the MIAM requirement applies.

FM1 Does Not Replace the Three Months' Notice

A common misunderstanding: people think a MIAM exemption lets them fast-track the SGO application. It does not. The three months' written notice to the local authority under Section 14A(7) is a separate, non-waivable statutory requirement. The court cannot shorten the notice period, regardless of any MIAM exemption you hold.

The Complete Application Bundle

Form FM1 is just one piece of the filing package. Our Special Guardianship Orders in England guide walks through every form in the SGO application bundle — C1, C13A, FM1, C8 and EX160 — with a step-by-step filing checklist so nothing gets missed or returned.

See more England guides →