Special guardianship is a legal order agreed in court. The court’s decision is based on the needs of the child and an assessment of the prospective special guardian’s suitability and capacity to meet these needs through to adulthood.

Special guardianship orders can be made following, or as an outcome of, care proceedings, where social workers believe it's unsafe for a child to return to their birth parent’s care, and this is the best permanence option for the child. They can also be made when a prospective special guardian makes a private application to the court for a child who has already been living with them for 12 months or more. As there are variations to this based on different circumstances, advice should be sought from the SGO Support Team or from independent legal services.