Special Guardianship Order Three Months Notice to the Local Authority

The three months' written notice is the very first step in a usual private SGO application — and one of the easiest to get wrong. Miss it or send it to the wrong council, and you cannot make that application.

Why the Notice Exists

For an application under Section 14A(3) or (6)(a) of the Children Act 1989, Section 14A(7) requires written notice to the relevant local authority at least three months before applying. The purpose is to trigger the local authority's statutory duty to investigate and prepare a report on your suitability as a special guardian. There is a narrow exception when the court gives leave for a competing SGO application after an adoption application has been made.

For the usual private application, the court cannot waive or shorten this three-month period. If you apply without the required notice, you cannot make that application.

Which Council Do You Write To?

It depends on whether the child is looked after by a local authority:

• If the child is in local authority care (a looked-after child), send the notice to the local authority that is looking after the child.
• If the child is not in care, send the notice to the local authority in whose area you (the prospective applicant) are ordinarily resident. This may be a different council from where the child currently lives.

Getting this wrong is a common mistake, particularly in cross-council placements where a grandparent in one borough is caring for a child who was placed from another.

What the Letter Must Include

There is no prescribed statutory form for the notice letter, but it must clearly state:

• Your full legal name and address
• Your relationship to the child
• The child's full name, date of birth and current address
• A clear statement that you intend to apply for a Special Guardianship Order under Section 14A of the Children Act 1989

Address the letter to the Director of Children's Services at the relevant local authority.

How to Send It

Send the letter by recorded delivery or hand-deliver it and obtain a signed receipt. You will need proof that the council received it, because you must file evidence of service with the court alongside your application. A standard first-class letter with no tracking is risky — if the council denies receiving it, you have no proof.

What Happens After You Send It

The council will acknowledge receipt and assign a social worker to begin the assessment process. Section 14A(8) requires the local authority to investigate and prepare a report, but it does not set a 12-week deadline. Once proceedings are under way, the report must be filed within the timetable fixed by the court under Family Procedure Rule 12.18. A 12-week assessment is a common target, but there is no universal statutory 12-week deadline from receipt of your notice. You cannot file your court application until the full three months have passed from the date the council received your notice.

Use the waiting period to:

• Attend your MIAM or gather evidence for an exemption (you will need Form FM1)
• Apply for Help with Fees via Form EX160 if you qualify
• Gather the documents the social worker will ask for: identity documents, birth certificates, school reports, medical records, proof of income

Does the Notice Replace Serving Court Papers?

No. The three months' notice to the local authority is a separate requirement from serving the court application on the respondents (typically the birth parents). After you file at court, you must also serve sealed copies of the application on every respondent and file a certificate of service (Form C9).

Our SGO process guide includes a printable notice letter template and a council-notice tracker so you can log delivery dates and acknowledgement receipts in one place.

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