SGO England vs Scotland: How Special Guardianship Differs North and South of the Border

If you are a grandparent or relative caring for a child in the UK and you have been told to "get an SGO," the first thing to know is that this advice only works in England and Wales. Scotland has its own legal framework for kinship care, and none of the forms, court procedures or allowance structures are the same.

England Has the SGO — Scotland Does Not

Special guardianship orders were introduced by the Adoption and Children Act 2002 and are governed by Sections 14A–14G of the Children Act 1989. They apply in England and Wales only. A Scottish court cannot grant an SGO, but an SGO made in England and Wales can be recognised in Scotland under Section 25 of the Family Law Act 1986 for a child under 16. The order must be registered before it can be enforced there.

In England, an SGO gives the special guardian enhanced parental responsibility that overrides the birth parents' PR on day-to-day decisions. Birth parents keep their legal PR but cannot exercise it to contradict the guardian. The order lasts until the child turns 18 unless a court discharges it earlier.

Scotland's Children (Scotland) Act 1995 creates a different set of orders. There is no single equivalent to an SGO — instead, Scottish courts use a combination of residence orders, permanence orders, and kinship care arrangements under local authority oversight.

The Scottish Alternatives at a Glance

Residence order (Section 11, Children (Scotland) Act 1995): The closest functional equivalent to an SGO for private-law kinship cases. A residence order settles where the child lives and gives the order-holder parental responsibilities and rights. Unlike an SGO, it does not grant "enhanced" PR that overrides the birth parent — both holders exercise PR concurrently, and disputes go back to court.

Permanence order (Adoption and Children (Scotland) Act 2007): Used in public-law cases where a local authority is involved. A permanence order can transfer some or all parental rights to the local authority or a carer. It is closer to a care order than an SGO and is typically used when the child is formally looked after.

Kinship care order (under Section 11, Children (Scotland) Act 1995): A court order that can confer parental responsibilities and rights on the kinship carer and remove or share some or all of those held by the parents. It normally continues until the child turns 16. Separately, Scottish local authorities must provide kinship care assistance to eligible carers under Part 13 of the Children and Young People (Scotland) Act 2014. Eligible kinship carers may receive an allowance, which in many Scottish councils is paid at or near foster-carer rates — generally more generous than the means-tested SGO allowance in most English councils.

Key Practical Differences

What This Means If You Live Near the Border

The child's habitual residence determines which court has jurisdiction. If the child lives in England, you apply for an SGO through the Family Court. If the child lives in Scotland, you apply through the Sheriff Court under Scottish legislation.

If you have already started the SGO process and then move to Scotland (or vice versa), an SGO made in England and Wales for a child under 16 is recognised in Scotland under Section 25 of the Family Law Act 1986. It must be registered there before a Scottish court can enforce it; a fresh application is not automatically required. Get legal advice before relocating mid-proceedings.

Getting Started in England

If you are based in England and want to secure long-term legal authority over a grandchild or relative's child, the SGO is likely the right route. The process starts with three months' written notice to your local authority, followed by their assessment and a court application using Forms C1 and C13A.

Our Special Guardianship Orders in England guide walks through every step — from the notice letter to the assessment, the court hearing and the support plan — so you can prepare without paying solicitor fees for basic process questions.

See more England guides →