Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Special Guardianship Order definition

What does Special Guardianship Order mean? A Special Guardianship Order (SGO) places a child in the long-term care of an individual (often a relative or former foster carer) and gives that person secure, day-to-day control of parental responsibility without severing the child’s legal ties to birth parents. In England and Wales, SGOs are statutory orders under the Children Act 1989 (as amended by the Adoption and Children Act 2002). They are commonly viewed as a halfway house between a child arrangements order (live with) and adoption. A special guardian holds parental responsibility and may exercise it to the exclusion of others for routine decisions; parents retain parental...

Making special guardianship orders in England and Wales: court powers on existing orders, contact arrangements, surname changes, removal from the UK, ancillary directions and orders, and enforcement by committal

Published by a LexisNexis Family expert

Practice notes

This Practice Note summarises the court’s powers when making a Special Guardianship Order (SGO), including decisions about a child’s surname and any removal from the jurisdiction. It also sets out what becomes of existing orders once an SGO is made and the need to consider whether to make a child arrangements order with contact provisions.

Existing orders

Making an SGO does not, by itself, end any order made under section 8 of the Children Act 1989 (ChA 1989) (an s 8 order).
Before granting an SGO, the court must specifically consider whether any existing s 8 order should be varied or discharged.
The governing test is whether it is in the child’s best interests for an existing order to remain operative.
If a CAO with contact provisions stays in force and there is an Enforcement order, the court must decide whether that enforcement order should be revoked.
Where an Activity direction exists, the court must also consider whether it ought to be discharged...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...