Who Can be a Special Guardian?

As long as they are 18 years or older, one or more people can apply to be a special guardian regardless of marital or civic status, gender, ethnicity, faith, disability, financial, employment or home ownership status.

To be considered as a special guardian one or more circumstances must apply and include:

They should be the child’s guardian (but not their parent)
A Residence Order for the child may be in force
The child must have lived with the applicant for 3 out of the last 5 years
In the case of foster carers applying to be special guardians, the child must have lived with them for at least 1 year
If the child is in care, the applicant must have the agreement of the local authority
They have the agreement of everyone who has parental responsibility for the child

If you do not meet any of the above criteria, it may still be possible to become a Special Guardian but only if you have the Court’s permission.

The wishes of the child

The Court will expect the wishes and feelings to be sought of any child or young person old enough to understand special guardianship.

A parent or a step-parent cannot become a Special Guardian.

A number of temporary situations make it unlikely that you will be considered as a special guardian.

This should not stop you contacting us, particularly if circumstances are likely to change in the next six months.

Temporary circumstances include where you:

Are pregnant
Have a child aged 12 months or younger
Are undergoing fertility treatment - we would prefer that this is completed before you approach us
Are experiencing serious financial problems
Are planning to move within the next 6 months
Have suffered a separation, loss or bereavement of a child or partner in the last 12 months
Are a couple and have been in a relationship for fewer than 3 years
Are already in the process of adopting a child

We cannot take forward an application to be a special guardian if you:

Or any member of your household over 18 years of age has a conviction or caution for a 'specified offence' involving children

Please speak to us in confidence if you have any questions about this as there a number of exclusions.

Live in short-term or seasonal housing arrangements which would not provide a secure home environment and you plan to continue to do so
Have applied to adopt a child and are waiting for approval through another agency
You have a child of your own being looked after by a local authority

Special Note for Bracknell Forest Borough Council Employees

If you are an employee of Bracknell Forest Borough Council, you can still apply to us to be a special guardian.

If you work within Children’s Social care your application may need to be dealt with independently by another agency. Contact us for more information