Section 14A Notice for Special Guardianship in Wales: The Three-Month Rule

Why Three Months' Notice Is Required

Under Section 14A(7) of the Children Act 1989, anyone intending to apply for a Special Guardianship Order in Wales must give the relevant local authority written notice before filing the court application. The usual notice period is at least three months.

The purpose of the notice is to trigger the local authority's statutory duty to investigate and report. Once they receive your notice, the council must carry out a full suitability assessment and prepare a report for the court under Section 14A(8).

Who Receives the Notice

Which council you send the notice to depends on the child's current legal status:

• Child looked after by a Welsh local authority — send the notice to that local authority, regardless of where you or the child actually live
• Child not looked after — send the notice to the local authority where you (the prospective special guardian) currently reside

If you are unsure whether the child has "looked after" status, ask the child's current social worker or contact the Children's Social Care team at the relevant council.

What Counts as Formal Notice

A phone call or casual conversation with a social worker does not constitute formal notice under Section 14A(7). Send written notice that clearly states your intention to apply for an SGO; it should include:

• Your full name and address
• The child's full name, date of birth and current address
• Your relationship to the child
• A clear statement that you intend to apply for a Special Guardianship Order
• The approximate date you plan to file the court application

Send the letter by recorded delivery or hand-deliver it with a signed receipt. Keep a copy with the date clearly marked — the three-month clock starts from the date the council receives it.

What Happens During the Three Months

After receiving your notice, the local authority begins a comprehensive assessment. Under the Special Guardianship (Wales) Regulations 2005 (as amended in 2018), the assessment covers:

• The child's profile — medical history, educational needs, emotional development, racial and cultural background
• Your suitability — health, accommodation, financial position, parenting capacity and long-term stability
• Relationship and contact — how you plan to manage the child's relationship with birth parents and siblings
• Safeguarding checks — enhanced DBS checks, child protection register checks, medical reports and personal references

The council may also begin drafting a Special Guardianship Support Plan, which outlines the financial and practical support it proposes to offer after the order is granted.

Cafcass Cymru's Role

If the court also directs a welfare report under Section 7 of the Children Act 1989, Cafcass Cymru may become involved. A Welsh Family Proceedings Officer will conduct safeguarding checks and provide the court with an independent assessment of the child's best interests. Cafcass Cymru operates separately from the local authority — their report goes directly to the judge.

The Statutory Exception to the Three-Month Period

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. Existing public law care proceedings do not, by themselves, remove the three-month notice requirement.

What to Do Next

Getting the notice right is the first procedural hurdle in a Welsh SGO application. If you want a clear walkthrough of every stage — from drafting your notice letter through to the court hearing and post-order benefit claims — the Kinship Care in Wales guide covers the full process step by step.

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