Guardianship Solicitors
Supporting families through guardianship and special guardianship applications
Guardianship Solicitors
Guardianship and special guardianship are legal arrangements that give someone other than a child’s parent the responsibility to care for them and make important decisions about their upbringing. A Special Guardianship Order (SGO) provides a more permanent arrangement than fostering, offering long‑term stability while maintaining some legal connection between the child and their birth parents.
These orders are typically used when a child cannot live with their parents; for example, due to illness, substance misuse, domestic abuse, neglect or other circumstances that make it unsafe or unsuitable for the child to remain at home. The process is designed to protect the child’s best interests, not to exclude parents unnecessarily.
Guardianship and special guardianship applications are governed by the Children Act 1989 and decided by the Family Court, which considers each child’s individual circumstances.
At National Legal Service, we advise both proposed guardians and parents, ensuring that everyone involved understands their rights, responsibilities and options throughout the process.
What is the process to apply for guardianship or special guardianship?
Applying for guardianship or special guardianship involves several key steps:
- Initial advice – You’ll meet with a solicitor to discuss your situation, eligibility and the best type of order for your circumstances.
- Application to the Family Court – Your solicitor will prepare and submit the necessary documents to begin the formal process.
- Local authority assessment – The local authority will carry out background checks, interviews and home visits to assess suitability.
- Court hearing – The court reviews evidence from all parties (including the local authority’s report) and hears representations from those involved.
- Final order – If approved, the court grants the guardianship or special guardianship order, setting out the guardian’s rights and responsibilities.
Before making any decision, the court considers the child’s welfare, existing relationships and long‑term stability.
Applicants may be relatives, family friends or foster carers. The local authority prepares a detailed report for the court, including recommendations about the child’s care and the proposed guardian’s ability to meet their needs.
What rights and responsibilities does a guardian have?
Guardians are responsible for the child’s day‑to‑day care and decision‑making, including matters such as education, medical treatment, religion and general welfare.
They can make most decisions without needing parental consent, although parents may retain limited rights. For example, parents may be consulted about a major life decision such as a change of school or relocation, or to maintain contact if the court allows.
Guardians may also be entitled to financial support from the local authority, such as a special guardianship allowance, or other benefits depending on their circumstances.
Do parents need to agree to guardianship?
Parental consent is preferred, but not essential. The court’s primary concern is always the child’s welfare.
Guardianship can still be granted even if parents object, provided the court is satisfied that the arrangement is in the child’s best interests and offers greater stability or safety.
Parents may still have contact with the child and retain some parental responsibility unless the court decides to restrict or remove those rights.
How does the court decide what is best for the child?
The court’s focus is always on the child’s safety, emotional wellbeing and long‑term stability.
Judges consider evidence from social workers, parents, proposed guardians and independent experts to build a full picture of the child’s circumstances.
Every decision is guided by the welfare checklist under the Children Act 1989, which ensures that the child’s needs, wishes and future security are at the centre of the process.
Legal advice for prospective guardians and family members
Early legal advice helps applicants understand whether they are eligible to apply, what evidence they will need and how to respond to local authority assessments.
Our solicitors can represent you in court, liaise with social services and ensure your case is presented effectively.
Legal aid may be available in certain cases; for example, where social services are involved or where there are concerns about a child’s safety. Eligibility depends on your financial situation and the nature of the case. Our team can assess this for you.
Guidance for families building secure, long‑term care arrangements
If you’re considering applying for guardianship or have been asked to care for a child, our specialist solicitors can guide you through every stage of the process.
Use our form below to speak with one of our guardianship solicitors in confidence.
Disclaimer: Information is for general guidance in England & Wales and is not a substitute for legal advice.
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