What Happens When a Parent Refuses Consent for a Special Guardianship Order?

Parental Consent Is Not Required for an SGO

This is the single most important thing to understand: the Family Court does not need a birth parent's consent to make a Special Guardianship Order. Unlike adoption, where consent must either be given or formally dispensed with, an SGO is granted based on the child's welfare — and the court can make the order regardless of whether the birth parent agrees.

That said, a parent who opposes the application will make the process longer and more complex. They have the right to be heard, to file evidence and to challenge the application at a contested hearing. But opposition alone does not prevent the court from making the order.

What Happens When a Parent Contests

When a birth parent opposes your SGO application, the case follows a fuller court process:

At the first hearing, the judge identifies the parent's position and sets directions for the contested proceedings. Both sides are typically ordered to file written witness statements setting out their case.

The local authority assessment (under Section 14A of the Children Act 1989) still proceeds as normal. The social worker interviews the birth parent as part of the assessment and records their views. The report includes the parent's perspective alongside the assessment of the applicant's suitability.

At the Issues Resolution Hearing, the judge tries to narrow the contested issues. Sometimes a parent's opposition softens once they understand the assessment outcome or realise that an SGO doesn't permanently sever their legal relationship with the child.

If the matter doesn't settle, it goes to a Final Hearing where the judge hears oral evidence. The applicant, the birth parent and the social worker each give evidence and can be cross-examined. If you're representing yourself, you may need to question the birth parent directly — but where the prohibition in sections 62–63 of the Domestic Abuse Act 2021 applies, the party cannot personally cross-examine the other, and the court makes arrangements for questions to be put through a qualified legal representative.

The Welfare Test — Not a Consent Test

The judge decides by applying Section 1 of the Children Act 1989: the child's welfare is paramount. The court works through the welfare checklist, considering:

• The child's physical, emotional and educational needs
• The likely effect of any change in the child's circumstances
• The child's age, sex, background and any relevant characteristics
• Any harm the child has suffered or is at risk of suffering
• How capable each parent and the applicant are of meeting the child's needs
• The range of powers available to the court

A parent's opposition carries weight — the court takes seriously a parent's wish to maintain their relationship with their child. But if the evidence shows that the child's welfare is best served by an SGO, the court will grant it. The test isn't "does the parent agree?" — it's "what's best for this child?"

When a Parent Cannot Be Found

If a birth parent's whereabouts are unknown, the court needs evidence that reasonable steps have been taken to trace them before it will proceed.

What counts as "reasonable efforts" to trace a parent:

• Writing to their last known address by recorded delivery
• Contacting their known family members
• Checking with the local authority or social services (who may have more recent contact details)
• Asking the court to order disclosure using Form C4, which directs relevant agencies to provide information about the person's whereabouts
• Checking with the prison service if you believe they may be incarcerated

Document every step you take. The court wants to see a written log showing what you did, when you did it, and what the outcome was. If the court is satisfied that reasonable efforts have been made, it can give directions about service, including whether service should be dispensed with.

In public law proceedings, the local authority usually handles tracing as part of its statutory obligations. In a private application, the burden falls on you.

The Birth Parent's Ongoing Rights After an SGO

Even after the court grants an SGO over a parent's opposition, the birth parent retains certain rights:

• Legal parental responsibility continues — they simply cannot exercise it to override the special guardian's decisions
• Contact — the court may make an accompanying contact order, and the parent can apply to vary contact arrangements in the future
• Application to discharge — a birth parent can apply to have the SGO discharged, but they need the court's permission (leave), and they must show there has been a significant change of circumstances since the order was made

This is why an SGO is different from adoption: it provides permanent legal security for the child while preserving the birth family connection. For many families, this balance is exactly what makes an SGO the right order — particularly when the child has an existing relationship with the parent that deserves to be maintained in a safe, structured way.

Our SGO Process Guide covers both uncontested and contested applications in detail, including a witness statement preparation framework for relatives whose application is being opposed.

See more England guides →