Do You Need Permission to Apply for a Special Guardianship Order?

Two Routes: As of Right or With Court Leave

Under Section 14A of the Children Act 1989, some people can apply for a Special Guardianship Order without needing the court's permission. Others must first apply for leave — the court's formal approval to proceed — before their SGO application can be filed.

The distinction depends on your relationship to the child and how long the child has lived with you.

Who Can Apply Without Permission

You can apply for an SGO as of right if you fall into any of these categories:

• A guardian of the child — someone already legally appointed as the child's guardian
• A local authority foster carer with whom the child has lived continuously for at least one year immediately before the application
• A person named in a Child Arrangements Order as someone the child lives with, or anyone who has the consent of all people named in such an order
• A relative (grandparent, brother, sister, uncle, aunt, or step-parent by marriage or civil partnership) with whom the child has lived continuously for at least one year immediately before the application
• Any person with whom the child has lived for at least three years out of the preceding five years; this period need not be continuous
• Any person who has the written consent of the local authority (if the child is in care) or of everyone holding parental responsibility

The one-year residence requirement for relatives and local authority foster carers must be continuous and immediately before the application. The three-year route is a total period within the preceding five years and need not be continuous; a short break does not automatically reset it.

When You Need Court Leave

If you do not meet any of the categories above, you must apply for leave on Form C2 before filing your SGO application on Form C1. Common scenarios where leave is needed:

• A grandparent who has been caring for the child for less than 12 months and does not meet another as-of-right category
• A family friend who does not meet the three-out-of-five-years test
• A relative by blood but not by marriage who falls outside the statutory definition

What the Court Considers

When deciding whether to grant leave, the court looks at:

• Your connection to the child — the nature and quality of your relationship
• The risk of disruption — whether the application itself could unsettle or harm the child
• The merits of your proposed application — whether there is a realistic prospect that an SGO would serve the child's welfare

A leave application is not a full hearing on the merits of the SGO itself. The court is simply deciding whether you should be allowed to make the application.

The Three-Month Notice Still Applies

Whether you apply as of right or after obtaining leave, you must give the relevant Welsh local authority written notice of your intention to apply under Section 14A(7). The usual notice period is at least three months. 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 that wait; written notice is still required. The notice triggers the council's duty to assess your suitability and prepare a report for the court.

Read the full details in our post on the Section 14A notice requirement.

What About Grandparents Specifically?

Grandparents are included in the statutory definition of "relative." If your grandchild has lived with you continuously for at least one year, you can apply without permission. If it has been less than a year and no other as-of-right category applies, you need the court's leave first — but courts regularly grant leave to grandparents who have a genuine caring relationship with the child.

The Full Process

The Kinship Care in Wales guide covers eligibility, the leave application, the three-month notice and every subsequent step through to the hearing and post-order support.

See more Wales guides →