Special Guardianship Orders in Wales: How They Differ from England

Special guardianship orders apply in both England and Wales — the same Sections 14A–14G of the Children Act 1989 govern the court process, the forms, the notice requirements and the legal effects. But once you move from the courtroom to the council's support office, the two nations diverge in ways that matter.

This post is written for our England-focused guide, but many readers in Wales land on it, so here is an honest comparison of where the two systems split and where they stay the same.

What Stays the Same

The court process is identical. Wales is part of the single Family Court jurisdiction for England and Wales, so:

• The same three months' written notice to the local authority applies
• The same Forms C1 or C2, C13A, FM1, C8 and EX160 are used where applicable
• The same £270 court fee (and the same Help with Fees scheme) applies
• The same rules about who can apply as of right vs who needs court permission apply
• The special guardian receives the same enhanced parental responsibility under Section 14C
• The order lasts until the child turns 18

If you are a grandparent in Swansea or Wrexham applying for an SGO, the courtroom steps are no different from applying in Birmingham or Leeds.

Where Wales Differs

Statutory guidance is separate. The Welsh Government issues its own guidance to local authorities on how to provide special guardianship support services. The Special Guardianship Code of Practice under Section 145 of the Social Services and Well-being (Wales) Act 2014 governs how Welsh local authorities assess and support special guardians. This means the framework for support assessments, care plans and review timescales can differ from England's DfE guidance.

Allowance calculations vary. As in England, SGO allowances in Wales are discretionary and means-tested. But Welsh councils calculate them under their own policies, which may use different formulas, different income disregards and different review cycles. The amount you receive as a special guardian in Cardiff may be materially different from what a guardian in a neighbouring English council receives.

The Kinship Zones pilot does not cover Wales. The seven Kinship Zones pilot areas (Bexley, Bolton, Newcastle, North East Lincolnshire, Medway, Thurrock and Wiltshire) are all in England. The non-means-tested allowance at foster-carer rates that the pilot provides is not available in any Welsh local authority. Wales may introduce its own equivalent — the Welsh Government has published its own kinship care strategy — but as of late 2026, nothing equivalent is in place.

The Adoption and Special Guardianship Support Fund does not cover children living in Wales. The ASGSF is an England fund administered by the Department for Education and applies to eligible children living in England. A child living in Wales is not eligible, so a Welsh local authority cannot apply for ASGSF support for that child.

Cafcass Cymru, not Cafcass. In Wales, the Children and Family Court Advisory and Support Service is Cafcass Cymru, which operates under the Welsh Government rather than the Ministry of Justice. In practice, the safeguarding checks and reporting functions are similar, but the organisational structure is separate.

What This Means for You

If you live in Wales and are considering an SGO:

1. The court application is the same — follow the same steps for notice, forms, fee remission and hearings as you would in England.
2. The support package may differ — contact your Welsh local authority's children's services early to understand their allowance policy and what support they offer. Do not assume it matches England.
3. The charities that help are the same — Kinship, Family Rights Group and Citizens Advice all operate UK-wide and can advise on Welsh cases.
4. Free resources from Kinship include Wales-specific advice sheets covering Welsh Government policy and Welsh local authority practice.

Our Guide Covers England

Our Special Guardianship Orders in England guide is written for the English system — the court process (which is shared), the English DfE statutory guidance, the English Kinship Zones pilot, and English local authority allowance structures. The court application chapters apply equally in Wales. The support and allowance chapters reflect English policy, so if you are in Wales, supplement those sections with Welsh Government guidance and advice from Kinship's Wales team.

See more England guides →