When social services become involved with a family, one of the first questions many parents and relatives ask is:
“Can the child stay with family instead of going into care?”
The answer is often yes, through kinship care or a Special Guardianship Order (SGO).
These arrangements help children stay connected to their roots and relationships while still receiving the protection and stability they need.
This guide explains what kinship care means, how SGOs work, and how a family solicitor can help relatives secure legal recognition as carers.
What Is Kinship Care?
Kinship care means a child is looked after by relatives or close family friends instead of unrelated foster carers.
This could include:
- Grandparents
- Aunts or uncles
- Older siblings
- Family friends with a long-standing bond
Kinship care can be informal (arranged privately) or formal (approved by social services or the court).
The aim is to ensure the child remains in a familiar environment, surrounded by people who love and understand them.
Key Point: Local authorities have a legal duty to consider family placements before putting a child with foster carers or into residential care.
Informal vs. Formal Kinship Care
| Type | Description | Legal Status |
|---|---|---|
| Informal Kinship Care | Family members agree to look after the child without a court order. | The carer doesn’t automatically have parental responsibility. |
| Formal Kinship Care | Social services place the child with relatives under a Child Arrangements or Care Order. | The carer may gain certain legal rights and financial support. |
In both cases, it’s vital to get legal advice; the type of arrangement affects your rights, financial support, and responsibilities.
What Is a Special Guardianship Order (SGO)?
A Special Guardianship Order is a formal court order that gives a relative or close family friend parental responsibility for a child until they turn 18.
The special guardian can make day-to-day decisions about the child’s life, including:
- Education
- Health care
- Routine matters and living arrangements
The birth parents keep some parental responsibility, but the special guardian’s decisions take priority in most situations.
Why Families Choose Special Guardianship
- Stability: It offers long-term security for the child without severing family ties (unlike adoption).
- Authority: The special guardian can deal with schools, doctors, and professionals confidently.
- Support: The local authority must assess the family for financial and practical assistance.
- Connection: The child stays within their family network, preserving identity and relationships.
Example: Grandparents caring for their grandchild under a temporary Care Order might apply for an SGO to secure permanent placement and legal responsibility.
How to Apply for a Special Guardianship Order
You can apply if you are:
- A relative the child has lived with for at least one year;
- A person with an existing Child Arrangements Order; or
- Someone the court has given permission to apply.
The process involves:
- Notifying the local authority at least three months before applying.
- Undergoing an SGO assessment (similar to fostering).
- Submitting an application to the Family Court, usually with legal representation.
A family solicitor ensures your application is thorough, evidence-based, and supported by strong references and reports.
Financial and Practical Support for Kinship Carers
Special guardians and approved kinship carers may be entitled to:
- Special Guardianship Allowance (means-tested financial support).
- Fostering payments (if approved foster carers).
- Training and advice from the local authority.
- Help with legal and contact arrangements.
Each local authority must carry out a support plan, setting out what help they’ll provide. A solicitor can check this plan and challenge it if it’s inadequate.
Differences Between SGO, Adoption, and Fostering
| Feature | Special Guardianship | Adoption | Fostering |
|---|---|---|---|
| Child remains legally related to birth family | Yes | No | Yes |
| Carer has parental responsibility | Yes | Yes | Usually No |
| Local authority involvement | Minimal | None | High |
| Financial support | Means-tested | Rare | Regular allowance |
| Duration | Until 18 | Permanent | Temporary |
SGOs strike a balance between stability and maintaining family connections.
When to Seek Legal Advice
You should speak to a solicitor if:
- Social services are assessing you as a possible carer;
- You want to apply for a Special Guardianship Order;
- You need advice about financial support or contact arrangements;
- You disagree with a local authority decision about placement.
A specialist child law solicitor can guide you through the process, prepare your application, and represent you in court if required.
Checklist for Relatives Considering Kinship Care or an SGO
- Ask social services to assess you formally.
- Request written information about financial and practical support.
- Keep records of all discussions and visits.
- Speak to a family solicitor before signing any documents.
- Consider whether you can provide long-term stability for the child.
Kinship care and Special Guardianship Orders allow children to stay close to the people who know and love them best.
They also give relatives the legal authority and support needed to provide a secure home.
If you’re caring for a child under informal or temporary arrangements, it’s worth exploring whether an SGO could make things more stable; for both you and the child.
If you’re a grandparent, relative, or family friend caring for a child and want to secure legal recognition through a Special Guardianship Order, contact our friendly and experienced family solicitors today.
We’ll explain your options, help prepare your application, and make sure you receive the support you’re entitled to.
Call ASA Solicitors on 01274 900 400
Email mail@asa.co.uk
