Children · special guardianship
Special guardianship order: raising a child who cannot live with their parents
What is a special guardianship order? It makes someone other than a parent, such as a relative, the child's special guardian until they are 18, for a child who cannot live with their birth parents and for whom adoption is not right[1][2]. The special guardian makes day-to-day decisions without the parents' agreement[3][1]. The court fee is £270[4].
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01/ What it is
What a special guardianship order does
While a special guardianship order is in force, the special guardian has parental responsibility for the child and can exercise it to the exclusion of anyone else who has it, apart from another special guardian[3]. The parents keep parental responsibility, but in practice the special guardian decides[3][8].
GOV.UK says a special guardian makes day-to-day decisions such as schooling and medical treatment without having to discuss them with the birth parents[1]. Kinship, the charity for kinship carers, contrasts this with a child arrangements order, under which a carer must consult the others with parental responsibility over major decisions[8].
The order does not take away a parent's rights about the child's adoption[3], and it can be varied or discharged later[9]. It lasts until the child is 18 unless the court ends it earlier[1].
02/ Who can apply
Who can apply for a special guardianship order
A special guardian must be over 18 and must not be the child's parent[2]. You can apply on your own or jointly with someone else[1].
You can apply without the court's permission if one of these applies[10][1]:
- you are already the child's guardian[10];
- you are named in a child arrangements order as someone the child lives with[10][1];
- the child has lived with you for 3 of the past 5 years[2];
- you are a relative, or a local authority foster parent, and the child has lived with you for at least 1 year[2][1];
- you have the agreement of everyone named in a child arrangements order as someone the child lives with, of everyone with parental responsibility, or of the council if the child is in care[1].
If you need permission
Anyone else must first ask the court's permission to apply, on Form C2 with Form FM1[1][2]. See grandparents' rights.
04/ Cost and support
Cost and support
The court fee is £270, the same as for a section 8 order[4][13]. Help with Fees can reduce or cover it if you are on benefits or a low income[14].
Every council must arrange special guardianship support services, including counselling, advice and information, and the rules secure that councils provide financial support[15]. GOV.UK says you may be able to get a special guardian allowance from your council's children's services[1]. Each council in England also publishes a kinship local offer setting out the support available[16].
05/ Later
Changing or ending the order
The special guardian, a parent or guardian, the child, a council named in a care order and some others can apply to vary or discharge the order[9]. A parent, guardian or step-parent with parental responsibility needs the court's permission first, and gets it only if circumstances have changed significantly since the order was made[9].
The fee for an application to vary or discharge is £270[4].
06/ Compared
Special guardianship or a child arrangements order?
Both can give a relative a court order that the child lives with them[16]. The difference is how far the carer can decide alone[8][3]:
| Special guardianship order | Child arrangements order | |
|---|---|---|
| Parental responsibility | Yes, exercised to the exclusion of others | Yes, for a "lives with" order |
| Major decisions | Special guardian decides most alone | Must consult others with parental responsibility |
| Form | C1 with C13A and FM1 | C100 |
Sources: Children Act 1989 sections 14A and 14C, GOV.UK and Kinship[10][3][8][2][18].
07/ Questions
Frequently asked questions
What is a special guardianship order?
How much does a special guardianship order cost?
Do parents lose parental responsibility under a special guardianship order?
Can a special guardian take the child on holiday abroad?
Is there an allowance for special guardians?
Can a parent challenge a special guardianship order?
08/ Sources
Sources we checked
- Become a special guardian — GOV.UK
- Become a special guardian — GOV.UK
- Children Act 1989, section 14C — legislation.gov.uk
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
- FMC MIAM Standards (Aug 2022) PDF
- GOV.UK — mediation · FPR r3.9
- FPR Part 3, r3.8(1)(d)
- Child arrangements orders — Kinship
- Children Act 1989, section 14D — legislation.gov.uk
- Children Act 1989, section 14A — legislation.gov.uk
- Practice Direction 3A — Ministry of Justice
- Form FM1 (04.24), PDF — HMCTS
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk · Apply for parental responsibility — GOV.UK
- GOV.UK — Get help with court fees
- Children Act 1989, section 14F — legislation.gov.uk
- Kinship care: statutory guidance for local authorities — Department for Education, GOV.UK · Kinship care statutory guidance (October 2024), PDF — Department for Education
- The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (SI 2026/642), Schedule 3 — legislation.gov.uk
- Contact with your grandchild if their parents divorce or separate — GOV.UK
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