Applying for a Special Guardianship Order Without a Solicitor

You Can Apply Without a Solicitor — But You Need to Be Organised

Thousands of grandparents and relatives file SGO applications in England every year without paying for a solicitor. The Family Court allows anyone over 18 to represent themselves as a "litigant in person," and the process is designed to work without legal representation. That said, going it alone means you take on the paperwork, the deadlines and the courtroom navigation yourself.

The court fee is the same either way — and you file the same forms whether you have a solicitor or not. The difference is that nobody drafts your witness statement, nobody walks you through a hearing, and nobody double-checks your application bundle before it reaches the court office.

What You Actually Need to Do

The core steps for a self-represented applicant are identical to someone with legal help:

1. Give three months' written notice to your local authority's Director of Children's Services, by recorded delivery
2. Attend a MIAM (Mediation Information and Assessment Meeting) or secure an exemption — you'll need Form FM1 signed by an accredited mediator
3. Complete the court forms — Form C1 (main application), Form C13A (SGO supplement), plus Form C8 if you need to keep your address confidential
4. Pay the court fee or apply for fee remission using Form EX160 through the Help with Fees scheme
5. Serve the application on every person with parental responsibility, then file a Certificate of Service (Form C9)

The trickiest part for self-represented applicants is usually the witness statement. The court expects a clear, factual account of the child's circumstances, your relationship with them, and why an SGO is in their best interests. Keep it chronological, factual and focused on the child's welfare — not on blaming a parent.

Free Help That Makes a Real Difference

You don't need to figure it all out alone. Several organisations provide free, specialist support specifically for litigants in person in family proceedings:

• Support Through Court (formerly Personal Support Unit) stations trained volunteers at most Family Court centres. They can sit with you during hearings, help you understand court directions, and explain what's happening at each stage. They won't give legal advice, but their practical support is invaluable.
• Family Rights Group (0808 801 0366) offers a free advice line for relatives dealing with children's services. They can explain the assessment process and your rights during local authority involvement.
• Kinship (0300 123 7015) provides free legal advice sessions specifically for kinship carers navigating SGO applications. Their advice line covers form selection, financial support and assessment preparation.
• McKenzie Friends — the court allows you to bring a lay supporter (a "McKenzie friend") to assist during hearings. They can take notes, help you organise documents and offer quiet advice, but they cannot address the court directly without the judge's permission.

What Happens at Court Without a Solicitor

At your first hearing (the FHDRA or Case Management Hearing), the judge knows you're representing yourself and will adjust accordingly. Judges routinely explain procedural points, clarify what documents they expect, and set realistic timetables. You won't be penalised for not having legal jargon — you will be expected to have your paperwork in order.

The judge will set directions: deadlines for the local authority to file their assessment report, dates for witness statements, and the next hearing date. Write everything down. If you don't understand something, ask the judge to clarify — that's completely normal for litigants in person.

If the application is contested by a birth parent, the case may progress to an Issues Resolution Hearing and potentially a Final Hearing where witnesses give oral evidence. This is the stage where self-representation is hardest, because you may need to cross-examine the other party. 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.

When You Should Get Legal Help

Representing yourself works well for straightforward, uncontested applications where the birth parent agrees or is not opposing the order. It becomes significantly harder when:

• A parent is actively contesting the application and instructing their own solicitor
• The local authority's assessment report raises concerns about your suitability
• There are complex issues around a child currently in care under a Care Order
• Domestic abuse or safeguarding allegations are involved

If you're on a low income, check whether you qualify for legal aid. Legal aid is automatically available in public care proceedings and may be available for private applications if you can evidence domestic abuse or child protection involvement through the Legal Aid Agency's means and merits tests.

Our SGO Process Guide walks through each stage with printable checklists and assessment preparation worksheets — designed specifically for relatives handling the application themselves, whether or not they have legal representation.

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