If a child is 'looked after' by the local authority, a special guardianship order may be an option of permanence for the child. It should be considered by the local authority as part of care planning for the child. 

If the idea comes from a carer or a child, it will be important to talk to the child’s social worker or your fostering social worker to find out what's involved, and if the local authority will support the application. An advice call for you with a special guardianship support social worker can be arranged if the local authority is in agreement with the proposal. However, it's up to the carer and/or family member to decide if this is something they want to proceed with. You should also have a discussion with us about the availability of financial support to obtain independent legal advice.

In respect of private applications carers are advised to seek independent legal advice on whether this is the right order, or if there are any alternative orders which should be considered before deciding to proceed. If a special guardianship order is felt to be the right order, advice on the assessment process and post-order support can be gained from the Special Guardianship Support Team.

Prospective special guardians need to give the local authority three months written notice of their intention to apply. If a child is 'looked after,' the notice of intention should go to the child’s local authority. Otherwise it is the proposed special guardian’s local authority who will need to be notified. This notice period is to allow the local authority time to investigate the suitability of the proposed special guardian and to prepare a written report for the court.

The court may also make a special guardianship order in any family proceedings concerning the welfare of a child if they consider that this is required. This applies even where no notice of intention to apply has been received and no application has been made; this can include adoption proceedings.