Special guardianship for grandparents & kinship carers — the full practical route

REVIEWED BY: Sean McNamara on 2026-08-28

Who this is for

Grandparents, aunts/uncles, siblings, or family friends who are raising a child who cannot live with their parents — or who believe they should be. Around half of children removed from their parents go to a friend or family member (kinship carer); this page makes the legal route concrete.

Why special guardianship (SGO)

An SGO gives a relative/friend overriding parental responsibility until the child is 18 — the carer can make nearly every decision (schooling, health, where the child lives, where they travel) without checking with birth parents. It's more stable than a residence/child arrangements order and keeps the child's legal link to their birth family (unlike adoption). See our special-guardianship guide for the overview; this page is the do-it route.

Who can apply

To apply for an SGO you normally need one of:

The child has lived with you for 1 year immediately before the application, or
You have a residence order / child arrangements order for the child to live with you, or
You are a foster carer approved for 1 year (Caring), or
You have the court's permission (leave) to apply (used where you don't yet meet the above)

The 3-month local-authority rule (mandatory)

At least 3 months before applying you must notify the local authority in writing that you intend to apply. The council then assesses you and (nearly always) provides a special guardianship report for the court. This is a statutory step — skip it and your application is invalid.

Applying to court

Use the correct SGO application form (free to issue; no fee for a special guardianship application)
You are the applicant; the birth parents and the local authority are respondents
A court hearing takes place; the welfare checklist (and the child's wishes) drive the decision
If parents oppose (they often do — they may want the child back or want to control contact), the court holds a contested hearing

What the court weighs

The child's welfare is paramount (see our welfare-checklist guide)
The care plan you offer — housing, stability, schooling, relationship with birth family
The report from the local authority and any CAFCASS involvement
Contact: an SGO doesn't end contact with birth parents — the order or a child arrangements order can set out the plan

Support & finance for kinship carers

The local authority must assess your support needs (allowances, training, therapy for the child) — ask for this when you notify them, and challenge a refusal. Many councils pay kinship allowances for children who would otherwise be in care.

Labour-saving steps

1. Ask the council for a letter of intent (proves your intention for the 3-month rule) 2. Start the support needs assessment at the same time as the 3-month notice 3. Gather evidence of the 1-year residence / care you've provided

Official links

SGO guidance: https://www.gov.uk/government/publications/special-guardianship-guidance
Kinship support: https://kinship.org.uk

This page is general information, not legal advice. YourFamilyCase.co.uk is an independent information directory and is not affiliated with HMCTS or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.