Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Guardian definition

What does Guardian mean? A guardian is the person legally authorised to make decisions about a child’s care, residence, education and medical treatment when a parent cannot. In child law this is a statutory concept (Children Act 1989; Children (Northern Ireland) Order 1995; Children (Scotland) Act 1995; Guardianship of Infants Act 1964 (Ireland)) and a descriptive term used across private children proceedings. A parent or other person with parental responsibility or parental responsibilities and rights (PR/PRRs) may appoint a testamentary guardian by will or written instrument. In England and Wales and Northern Ireland, that appointment takes effect on the appointor’s death only...

Special guardianship orders: procedural guide to applications, MIAMs, local authority reports, respondents, service, hearings, welfare and withdrawal (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines the process for applying for a special Guardianship order (SGO), setting out the application forms, identifying the respondents, and noting any other person who must be served with notice. It explains the notice that must be provided to the local authority so it can prepare a report, together with the matters that report must address. It also considers potentially relevant directions and the circumstances in which an application may be withdrawn. An SGO is an order under the Children Act 1989 (ChA 1989) appointing one or more individuals as a child’s special guardian, or special guardians. An applicant for an SGO must be aged 18 or over and must not be the child’s parent. For further information, see Practice Notes: Special guardianship orders and The effects of special guardianship orders.

Legislative framework

The legislative framework for SGOs is found in ChA 1989, ss 14A–14F, supplemented by regulations, in particular the Special Guardianship Regulations 2005, SI 2005/1109 (SGR 2005) (as amended) and the Special Guardianship (Wales) Regulations 2005, SI 2005/1513. These relate chiefly to support services and prescribe the matters that local authorities must include in court reports. Special guardianship guidance was issued to...

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Web page updated on 21/05/2026

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