Who Can Apply for a Special Guardianship Order in England?

One of the first questions relatives ask is whether they are even allowed to apply for an SGO. You must be at least 18 and cannot be the child's parent. Whether you need court permission depends on your relationship to the child and how long the child has been living with you. Some applicants can go straight to court; others need the court's permission first.

Applying as of Right

Under Section 14A(5) of the Children Act 1989, you can apply for an SGO without needing court permission if you are:

• A guardian of the child (someone already appointed under a guardianship order)
• Named in a child arrangements order as the person the child lives with
• A relative with whom the child has lived for at least one year immediately before the application
• Any person with whom the child has lived for at least three of the past five years (ending no more than three months before the application)
• A local authority foster carer with whom the child has lived for at least one year
• Any person who has the written consent of every person named in a child arrangements order, or the local authority (if the child is in care), or everyone holding parental responsibility

The most common route for kinship carers is the "relative who has cared for the child for at least one year" category. "Relative" for this purpose includes grandparents, siblings, aunts, uncles, and step-parents.

When You Need Permission

If you do not fall into any of the categories above — for example, you are an aunt who has only been caring for the child for six months, or a close family friend — you must apply for leave (permission) from the Family Court before you can file the main SGO application.

The permission hearing is relatively short. The court considers:

1. The nature of the application
2. Your connection with the child
3. Whether the application would disrupt the child's life to the extent that the child would be harmed
4. If the child is in care, the local authority's plans and the parents' wishes

Permission is not a high bar in most kinship cases, but it does add a step and some time to the process.

Joint Applications

Two people can apply together — for example, a grandparent couple. Joint applicants do not need to be married or in a civil partnership. Each applicant must either meet the eligibility criteria independently or obtain the court's permission.

The Three Months' Notice Still Applies

Whether you can apply as of right or need permission, you must give the local authority at least three months' written notice of your intention to apply for an SGO. This triggers the council's statutory duty to carry out an assessment and prepare a report for the court. The clock starts when the council receives your letter, not when you send it.

What If the Child Is Already in Care Proceedings?

If the local authority has brought care proceedings and you want to apply as a special guardian within those proceedings, use Form C2 (application in existing proceedings) with C13A. If you make the application yourself, the three-month notice requirement still applies. The court can also direct the local authority to investigate and prepare an assessment report under Section 14A(9) of the Children Act 1989.

For a step-by-step walkthrough of the eligibility check, the notice letter and the full application, see our SGO process guide.

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