Special Guardianship Orders (SGOs) are private law orders made under section 14A of the Children Act 1989. They appoint one or more people, who are not the child’s parents, to have parental responsibility for the child.
A special guardian can exercise parental responsibility to the exclusion of others, including the child’s parents, unless the law requires another person’s consent.
From 1 May 2023, SGO’s came back into scope for family legal aid in private family law proceedings. Gateway evidence of domestic abuse or child abuse is not required for SGO proceedings. This applies to both Controlled Work and Representation.
Scope and gateway evidence (Back to top)
SGO proceedings are now in scope without the need for gateway evidence. The relevant scope provision is Schedule 1, Part 1, paragraph 1A of LASPO.
IMPORTANT: paragraph 1A does not include a related proceedings provision. This means that other proceedings heard at the same time as an SGO must be separately in scope.
For example, if a prohibited steps order is also sought, that proceeding must be brought into scope in its own right and may require gateway evidence.
Private law or public law? (Back to top)
For legal aid purposes, Special Guardianship Orders (SGOs) are treated as private law because they are private law orders. The default position is therefore that applications for representation in SGO proceedings should normally be made under private law using the Children Miscellaneous matter type.
When an SGO may be public law (Back to top)
An SGO should only be treated as public law where it satisfies the related proceedings provisions in Schedule 1, Part 1, paragraph 1(2) of LASPO. This means that one of the following must apply:
- the SGO is an alternative to an order listed in Schedule 1, Part 1, paragraph 1(1) of LASPO, such as a care order, supervision order, placement order or adoption order; or
- the SGO application is being heard within ongoing proceedings relating to an order listed in paragraph 1(1).
Practical effect (Back to top)
In practice, SGOs will usually only be treated as public law where they arise within care proceedings or proceedings to discharge a care order. In theory, this could also apply to any proceedings captured by paragraph 1(1). Local Authority involvement alone does not make an SGO public law. It must meet the related proceedings provision.
Parental guardianship cases (Back to top)
The May 2023 changes introduced the concept of a parental guardianship case. These cases were created to make it easier for parents and those with parental responsibility to obtain legal aid where they are opposing an SGO being made in relation to their child. A parental guardianship case is non-means tested.
To qualify, the client must:
- be the parent of, or have parental responsibility for, the child who is or would be subject to the SGO; and
- oppose the SGO.
Appeals from final orders under section 14A of the Children Act 1989 are not parental guardianship cases.
Parent or parental responsibility (Back to top)
A parent can qualify as a parental guardianship case where they oppose the SGO. This includes fathers who do not have parental responsibility by virtue of being on the birth certificate or by acquiring it in another way.
For someone who is not a parent, they must have parental responsibility at the time of the application. Someone who previously had parental responsibility but no longer has it will not qualify.
The client must oppose the SGO (Back to top)
The client must oppose the SGO for the case to be treated as a parental guardianship case.
This means:
- a parent who does not oppose the SGO is not entitled to non-means tested funding under the parental guardianship provisions;
- a parent applying to discharge an SGO can be a parental guardianship case, because they are opposing the order continuing; and
- an applicant for an SGO can never be a parental guardianship case, because they cannot be opposing the order they are applying for.
This is an important distinction. A person with parental responsibility is not automatically non-means tested. They must also be opposing the SGO.
Merits test for parental guardianship cases (Back to top)
Regulation 66 of the Civil Legal Aid (Merits Criteria) Regulations applies to parental guardianship cases.
For respondents, the following must be satisfied:
- it must be reasonable to fund the case, given the importance of the issue to the individual;
- there must be a need for representation; and
- there must be no alternative source of funding.
For applicants, usually applicants seeking to discharge an SGO, the same criteria apply and the prospects of success must be 45% or more.
Child Arrangements Order contact provisions (Back to top)
When making an SGO, the court must consider whether a Child Arrangements Order containing contact provisions should also be made.
No separate amendment is required to the legal aid certificate where the Child Arrangements Order contact provisions are part of the court’s consideration when making the SGO.
However, if other proceedings are heard alongside the SGO and are not part of the SGO consideration, a separate legal aid application will be required.
If representation is refused to oppose the SGO, funding may still be granted to consider contact provision only, where justified. A separate application is only required where the Child Arrangements Order is not part of the court’s consideration of the SGO.
Non-parental guardianship cases (Back to top)
Non-parental guardianship cases are private law, means and merits tested cases.
Examples include:
- an applicant for an SGO;
- a special guardian defending an application to discharge the SGO;
- a parent who does not oppose the SGO;
- the subject child;
- a family member involved in the proceedings; and
- a person with parental responsibility who is applying for an SGO.
Merits test for non-parental guardianship cases (Back to top)
The standard private law children merits regulations apply.
Where the non-parental guidance case is a public law SGO, for example where the SGO is being dealt with within care proceedings or is otherwise related to public law proceedings, Regulation 66 applies because the SGO is treated as a related proceedings to the public law proceedings.
For Family Help Higher:
- Regulation 34: reasonable private paying individual test;
- Regulation 36: the individual has exhausted all reasonable alternatives.
For Full Representation:
- Regulation 68 applies;
- prospects of success must be 45% or more; and
- the reasonable private paying individual test applies.
Joined party in care proceedings and SGO (Back to top)
This applies where the client is seeking to be joined in care proceedings and wants to put themselves forward as a potential special guardian.
In these cases:
- the joined party in care proceedings must be stated on the application or certificate;
- the SGO cannot be the only proceeding on the application or certificate; and
- the joined party merits considerations should be applied.
Vary/Discharge SGO (Back to top)
Where the client seeks to vary or discharge an existing SGO, the new vary/discharge proceedings should be considered. The correct proceeding will depend on whether the case is a parental guardianship case, a non-parental guardianship case, an enforcement matter, or an appeal.
New Proceeding Codes for SGO (Back to top)
New Public Law and Private Law SGO proceedings were introduced on the 22/09/2026.
Providers must select the SGO proceeding that matches the client’s circumstances. CCMS will ask additional merits questions to confirm whether the client is the parent of, or has parental responsibility for, the child; whether the client opposes the SGO; and, for public law applications, whether the SGO is being heard within ongoing public law proceedings.
If the proceeding selected does not match the answers provided, CCMS will display a validation message and the application may need to be amended before it can be submitted.
Public Law SGO Proceedings (Back to top)
The Category of Law will be Family and the Matter Type will be Public Law Family. The Level of Service will be Full Representation.
| Proceeding | Description |
| Special guardianship order – Parental guardianship case (Public Law) | To be represented on an application for a special guardianship order, where the client is the parent of, or has parental responsibility for the subject child and opposes the special guardianship order being made. |
| Special guardianship order – Parental guardianship case Enforcement (Public Law) | To be represented on an application for a special guardianship order, where the client is the parent of, or has parental responsibility for the subject child and opposes the special guardianship order being made. Enforcement only. |
| Special guardianship order – Non-parental guardianship case (Public Law) | To be represented on an application for a special guardianship order, where the client is not the parent or has no parental responsibility for the subject child. To include parents and those with PR who do not oppose the order being made. |
| Special guardianship order – Non-parental guardianship case Enforcement (Public Law) | To be represented on an application for an SGO, where the client is not the parent or has no parental responsibility for the subject child. To include parents and those with PR who do not oppose the order being made. Enforcement only. |
| Special Guardianship Order – Appeal (Public Law) | To be represented on an application for a special guardianship order. Appeals only. |
Private Law SGO Proceedings (Back to top)
The Category of Law will be Family and the Matter Type will be Children Miscellaneous.
The Level of Service will be Full Representation when it’s a Parental guardianship case.
The Level of Service will be Family Help Higher when it’s Non-parental guardianship unless the matter is listed for final hearing already or the client is the Child in the proceedings, then the Level of Service will be Full Representation.
| Proceeding | Description |
| Vary/discharge of special guardianship order – Parental guardianship case | To be represented on an application to vary/discharge a special guardianship order, where the client is the parent or has parental responsibility for the subject child and they oppose the special guardianship order remaining in place. |
| Vary/discharge of special guardianship order – Parental guardianship case (Enforcement) | To be represented on an application to vary/discharge a special guardianship order, where the client is the parent or has parental responsibility for the subject child and they oppose the SGO remaining in place. Enforcement only. |
| Vary/discharge of special guardianship order – Non-parental guardianship case | To be represented on an application to vary/discharge an SGO, where the client is not the parent or has no parental responsibility for the subject child. To include parents and those with PR who do not oppose the order remaining in place. |
| Vary/discharge of special guardianship order – Non-parental guardianship case (Enforcement) | To be represented on an application to vary/discharge an SGO, where the client is not the parent or has no PR for the subject child. To include parents and those with PR who do not oppose the order remaining in place. Enforcement only. |
| Vary/discharge of special guardianship order – Appeal | To be represented on an application to vary/discharge a special guardianship order. Appeals only. |
What scope limitation is applicable (Back to top)
The scope limitation will be dependent on the Matter Type and what stage the case is currently. The below is a general guide of the most appliable scope limitations.
Public Law – Both parental and non-parental guardianship
- Exchange of evidence or
- Final hearing (public law) (if the client is the child or the final hearing is already listed)
Private Law SGO – Parental guardianship
- Exchange of evidence or
- Final hearing (if a child or final hearing listed)
Private Law SGO – Non parental guardianship
- FHH children
- Hearing children (if a child or final hearing listed)
Information we need:
A copy of the Order listed the Special Guardianship Order.
When the client isn’t the parent of child, then proof the client has parental responsibility (PR) for the child.
Whether the client opposes the Special Guardianship Order.
For Public Law SGO proceedings, whether the SGO is being heard within ongoing public law proceedings such as ongoing care proceedings or within an application to discharge a care order.
Common scenarios (Back to top)
This section provides guidance on common Special Guardianship Order scenarios, based on the relevant parties’ roles and their position in relation to the order and the appropriate proceedings to apply for.
Scenario 1
The subject child is placed with maternal grandparents under a care order. The Local Authority is applying to discharge the care order and replace it with a Special Guardianship order.
Maternal grandparents – Do not meet the definition of a parental guardianship order as they do not oppose SGO. Apply under public law children for discharge care order and non parental party SGO proceedings as respondent.
Parents – If they oppose the Special guardianship order then apply for public law parental guardianship SGO proceedings on 1 non means tested certificate and discharge care order on a separate public law means tested certificate.
If they do not oppose the SGO then they are not a parental guardianship case so they should apply under public law for discharge care order and non parental guardianship SGO proceedings as respondent.
Child – Apply under public law for discharge care order and non parental SGO proceedings as subject child.
Scenario 2
The parent of the subject child makes an application to discharge a Special Guardianship order.
Parent making the application – As they oppose the SGO they are a parental guardianship case. Apply under children miscellaneous for parental guardianship vary/discharge SGO proceedings.
Special Guardian – As they will presumably still want the SGO in place then they are not opposing the SGO being in place so cannot meet the definition of a parental guardianship case. They should apply under children miscellaneous for non parental guardianship vary/discharge SGO proceedings as respondent.
Other parent – If they support the discharge of the SGO then apply under children miscellaneous for parental guardianship vary/discharge SGO proceedings as respondent. If they still want the SGO to remain in place and not be discharged then they are not a parental guardianship case as they wouldn’t oppose the SGO being in place. Apply under children miscellaneous for non parental guardianship vary/discharge SGO as respondent.
Scenario 3
The child/children are placed with the maternal aunt by the Local Authority. There are no care proceedings underway and no care order in place. The maternal aunt is applying for a Special Guardianship order.
In all cases this will be private law as no public law order is in place or applied for so is not a related proceeding.
Maternal aunt – Apply under children miscellaneous for non-parental guardianship SGO proceedings as applicant.
Parents – If they oppose the SGO being in place then apply under children miscellaneous parental guardianship SGO proceedings as respondent. If they do not oppose the SGO application then apply under children miscellaneous for non-parental SGO proceedings as applicant.