Special guardianship
Every child needs a safe, secure home with people they can love
and trust. Special guardianship is one way of providing this when
children can’t live with their birth families and adoption isn’t
suitable.
Special guardianship is a court order that gives a child
permanent legal security in a family without giving them a new
identity. Under a special guardianship order, links between the
child and their birth family are maintained. However, special
guardians have overriding parental responsibility to make
day-to-day decisions concerning the welfare of the child or
children.
If you are already looking after a child in care or someone you
know is looking for an alternative to adoption, you may be
interested in learning more.
Who can be a special guardian?
- special guardians must be 18 years old or older
- special guardians can be a family member or friend, or other
person with whom the child has lived for three of the last five
years
- a local authority foster carer who has looked after the
child continuously for the last year can apply to be a special
guardian
- anyone who already has a residence order for the child
- anyone who is already a testamentary guardian for the
child
- special guardians do not need to be married
- birth parents cannot become special guardians
- a local authority cannot apply for special
guardianship
For more about special guardianship including information about
parental responsibilities, the process of becoming a special
guardian, and support available, please see our leaflet.