The Special Guardianship Application and Assessment Process

Learn about the different routes to Special Guardianship, what happens during the assessment process, and the legal support available.

How can I become a Special Guardian?

There are two routes to becoming a Special Guardian:

Public law - Children's services are involved and may identify you as the best person to care for the child.

Private law - The arrangement is made directly with the child's parent or parents, without children's services placing the child.

What should I know before I apply?

Before applying for a Special Guardianship Order, you'll need to give children's services three months' written notice. We also recommend getting independent legal advice to help you understand the process and your options.

Foster mother with child reading a book together.

How does the assessment process work?

A social worker from the Kinship Assessment Team will carry out an assessment, which usually takes around 12 weeks.

This will look at:
• Your background and circumstances
• The child’s needs
• What support you may need

Once the assessment is complete, a report is sent to the court. The court will then decide whether a Special Guardianship Order is in the child's best interests.

If you're on a low income or receive certain benefits, you may be able to get help with court fees.

Legal support

Before applying for a Special Guardianship Order, it's a good idea to speak with a family law solicitor. They can help you understand your rights, responsibilities and any financial support that may be available, including whether you qualify for legal aid. BCP Council may fund a one-off legal consultation for prospective Special Guardians. Eligibility criteria and terms and conditions apply.