When you can apply to be a special guardian, what private law proceedings are and the assessment process.
Private law
If a child can no longer be permanently cared for by their parents, then the person caring for or nominated to care for the child can make an application to the family court for a special guardianship order.
Find out how and when to make a private application for a special guardianship order on GOV.UK.
You can also find out more from the Family Rights Group and our pdf special guardianship order policy(285 KB) .
Assessment process
Full assessment
A full assessment is completed by a social worker from our kinship team. This can take up to 3 months and will involve regular visits.
The following checks will also need to be completed:
- medical or GP checks
- a DBS check (criminal record check)
- 3 personal references
- an employment reference
- references from the applicant's children's schools
- references from previous partners (if appropriate)
- references from adult children
- checks with any previous local authority an applicant has lived in
- armed forces check (if appropriate)
- health visitor (if appropriate)
When the assessment is finished, the social worker may recommend that the child should:
- not live with the potential carers
- live with them under a special guardianship order
- live with them under a child arrangements order
Decision
The decision about the care of a child is made in the family court.
There is usually an initial hearing to set a court timetable, followed by a full hearing where the judge considers the case, reads the assessments, and makes a decision.
Your social worker will support you through this time and will answer any questions you have about the process.
The judge will make the final decision over where the child should live.
Award
If the judge decides that the child should live with an applicant under a special guardianship order, they will award this order to the carer during the court process.
Find out more about the rights of a special guardian.