Protecting Children in Need

Special Guardianship Orders — Protecting Children in Your Care

A special guardianship order provides a secure, permanent home for a child who cannot live with their parents — without the finality of adoption. It is often the right solution for grandparents and other family members stepping in to care for a child.

PDA Law handles SGO applications for clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9 and Crewe CW1/CW2.

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Special Guardianship vs Adoption

Understanding the key differences helps you choose the right option for the child in your care.

FeatureSpecial GuardianshipAdoption
Legal relationship with birth parentsMaintainedEnded
Birth parents' parental responsibilityRetained (but subordinate)Extinguished
Child's birth nameUnchanged (unless court orders)Can be changed
Inheritance from birth parentsRetainedLost
PermanenceCan be varied/revokedPermanent
Contact with birth familyUsually maintainedAt adopters' discretion
Financial supportSGO allowance availableAdoption allowance available

The SGO Application Process

1

Give Notice to the Local Authority

You must give 3 months' notice to the local authority of your intention to apply for a special guardianship order. The local authority will then prepare a report for the court.

2

Local Authority Assessment

The local authority assesses your suitability as a special guardian and the child's needs. This includes a home study, DBS checks, and interviews with you and the child.

3

Court Application

We prepare and file the court application. The court will list a hearing and consider the local authority's report and any other evidence.

4

CAFCASS Report

CAFCASS may be asked to prepare an independent report on the child's welfare and make recommendations to the court.

5

Final Hearing

The court makes the special guardianship order if satisfied it is in the child's best interests. A support plan is agreed with the local authority.

Funding Your Legal Fees

Own a property? You may not need savings to fund your case.

If you jointly own the matrimonial home, a Sears Tooth agreement allows us to secure our fees against your share of the property — meaning no upfront payment is required. Fees are deducted when the property is sold or transferred. This option is particularly suited to non-working spouses or those with limited income.

Explore all funding options

We do not accept legal aid cases. PDA Law is a private client practice. All family law matters are funded privately — through direct fees, payment plans, or a Sears Tooth agreement where applicable.

Special Guardianship Orders — FAQs

What is a special guardianship order?
A special guardianship order (SGO) is a court order under the Children Act 1989 that places a child with a special guardian — usually a family member such as a grandparent, aunt, uncle or family friend. The special guardian has parental responsibility for the child and can make most day-to-day decisions without consulting the parents.
How does a special guardianship order differ from adoption?
Unlike adoption, a special guardianship order does not end the legal relationship between the child and their birth parents. The parents retain parental responsibility, though the special guardian's parental responsibility takes precedence. The child retains their birth name and inheritance rights from birth parents.
Who can apply for a special guardianship order?
Any person aged 18 or over can apply for a special guardianship order, provided they are not the child's parent. Common applicants include grandparents, aunts and uncles, older siblings, family friends, and former foster carers. Some applicants need the court's permission first.
What support is available to special guardians?
Local authorities are required to assess the support needs of special guardians and provide a support plan. This can include financial support (special guardianship allowance), therapeutic support for the child, and practical support for the guardian. We can advise on what support you are entitled to.
Can a special guardianship order be revoked?
A special guardianship order can be varied or revoked by the court, but this requires a significant change in circumstances. The court will not lightly revoke an SGO — the welfare of the child remains paramount.
Do you handle special guardianship order applications in Chester and Cheshire?
Yes. PDA Law handles special guardianship order applications for clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14, Mold CH7, Northwich CW9 and Crewe CW1/CW2. We have specialist expertise in complex family cases involving children.

Client Testimonials

What Our Clients Say

“Martin and the team at PDA Law made an incredibly difficult time much more manageable. Their advice was always clear, compassionate, and practical. I felt fully supported throughout.”

Rebecca H.

Family law client, Chester

* Names changed to protect client confidentiality. Testimonials reflect genuine client experiences.

Martin Dias, Family Law Executive with almost 30 years experience at PDA Law

Your Family Law Specialist

Martin Dias

Family Law Executive

Divorce · Financial Settlements · Children MattersAlmost 30 Years' ExperienceFinancial Remedy & Pension Sharing Specialist

Martin brings almost 30 years of specialist family law experience to every case — divorce, separation, financial settlements and children matters. Clients value his straight-talking honesty, patience, and genuine emotional support throughout what is often a very difficult time.

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We advise clients across Chester CH1/CH2, Ellesmere Port CH65, Wrexham LL11–LL14 and throughout Cheshire and North Wales.