Revoking a Special Guardianship Order in England and Wales: The obstacles, the good and the bad.

Written by Aspen Family Law, July 2025.

A Special Guardianship Order (SGO) is a powerful legal tool in England and Wales designed to provide a child with a secure, permanent, and stable home, typically with a family member or close friend, without severing the legal link with their birth parents. While SGOs offer greater security than a Child Arrangements Order, they are not set in stone and can be varied or even revoked in certain circumstances. They are notoriously difficult to revoke, in particular in cases where the Special Guardian contests the revocation.

This article explores the process of revoking an SGO, the legal tests involved, and provides examples from case la, including a case I personally worked on at Court of Appeal level.

Understanding Special Guardianship Orders (SGOs)

An SGO appoints one or more individuals as a child's "special guardian." This grants them enhanced parental responsibility, allowing them to make most day-to-day decisions about the child's upbringing, including education, healthcare, and general welfare, to the exclusion of birth parents. 

Unlike adoption, birth parents retain their legal parental status, but their ability to exercise parental responsibility is significantly limited. The aim of an SGO is to provide long-term stability for children who cannot live with their birth parents but for whom adoption is not considered the most appropriate option.

The process of revoking an SGO

Revoking an SGO is a serious step that requires a court order. The relevant legal provision is Section 14D of the Children Act 1989.

Who Can Apply to Revoke an SGO?

The following individuals or bodies can apply to discharge (revoke) or vary an SGO:

* The special guardian(s).

* The child's parent(s) or anyone else with parental responsibility.

* The child, if they are of sufficient age and understanding.

* A local authority involved in the child's care.

The Need for Leave (Permission)

A crucial aspect of revoking an SGO, particularly for birth parents, is the requirement to obtain "leave" (permission) from the court before making the application. This is an additional step designed to ensure that only applications with a realistic prospect of success make it through to the full proceedings stage. 

The court will only grant leave if it is satisfied that there has been a significant change in circumstances since the SGO was made, if it was made due to concerns. A published case close to my heart, that I personally wrote the grounds of appeal and skeleton argument for is Re M, which I discuss in detail below. Although we had the benefit and pleasure of a Direct access Barrister for the Court of Appeal hearing, up until the appeal had been accepted to be heard, it was myself and the client in this together and alone. 

This case is also a leading case authority when applying for a Child Arrangements Order for contact whilst a child is under an SGO, discussed in further detail below.

The Court of appeal agreed the appeal should be allowed and amongst other things, ordered a re-hearing of the contact and revocation application. We were ultimately successful at revocation, and my wonderful client remains with her birth child full-time till this Day. 

The Legal Test for Granting Leave: Re M (Special Guardianship Order: Leave to Apply to Discharge) [2021] EWCA Civ 442

The now leading case that clarifies the legal test for granting leave to apply to discharge an SGO is Re M (Special Guardianship Order: Leave to Apply to Discharge) [2021] EWCA Civ 442. This Court of Appeal case involved a mother seeking to discharge an SGO in favour of her son's maternal grandmother and her partner, and also seeking a Child Arrangements Order for contact.

The Court in Re M confirmed a two-stage approach for considering an application for leave to discharge an SGO, building on the principles from Re G (Special Guardianship Order) [2010] EWCA Civ 300:

* Significant Change in Circumstances: The applicant must first show, by credible evidence, that there has been a "significant change in circumstances" since the SGO was made. "Significant" means considerable, noteworthy, or important. If this threshold is not met, the application for leave will fail. The court noted that the test for leave to discharge an SGO is higher than for revoking a placement order, reflecting the intention for SGOs to provide long-term stability.

* Realistic Prospects of Success and Welfare Impact: If a significant change is established, the court then moves to the second stage. It must conduct a realistic evaluation of the applicant's prospects of success in having the SGO discharged, in the context of the effect on the child's welfare of the application being heard or not heard. The child's welfare is an important factor at this stage, though not the paramount consideration (as it would be if leave were granted and the full application considered). 

The greater the prospects of success, the more likely leave will be granted.

Re M and Child Arrangements Orders

Re M also addressed the summary dismissal of applications for Child Arrangements Orders (CAOs) when made alongside applications for leave to discharge an SGO. 

The Court of Appeal concluded that a parent generally has an unfettered right to apply for contact with a child who is subject to an SGO. The judge at first instance was wrong to summarily dismiss the mother's application for a CAO, as there was insufficient evidence to reach a conclusion on the issue without a proper hearing. 

This highlights that even if an SGO remains in place, the court will still consider applications for contact based on the child's welfare.

Examples of when revocation of an SGO Was refused and why

Revocation of an SGO is typically refused when the court determines that the proposed change is not in the child's best interests, or the threshold for a "significant change in circumstances" has not been met.

* F and G (Discharge of Special Guardianship Order) [2021] EWCA Civ 622: This case involved a mother appealing against the refusal to discharge an SGO in favour of the children's former step-father (K). The children had grown up regarding K as their father. The mother sought to discharge the SGO with a view to the children returning to her care. Despite the mother undertaking counselling and parenting work, the local authority and guardian changed their position to support the SGO continuing alongside a care order.

The judge at first instance, whose decision was upheld on appeal, found that immediate discharge would not be in the children's interests. The Court of Appeal confirmed that a care order and an SGO can co-exist, and that the specific provisions of the Children Act 1989 indicate that an SGO is not automatically discharged by a care order. The focus remained on the children's welfare and stability, which the judge found was best served by the SGO remaining in place.

* General Principle: Applications are often refused when the parent seeking revocation cannot demonstrate a sustained and significant improvement in their circumstances that would genuinely meet the child's long-term needs for stability and safety. The court will look for clear evidence of sustained positive change, not just a temporary period of improvement.

Examples of when revocation of an SGO was successful and why

While SGOs are intended to be long-term, they can be revoked if there are compelling reasons related to the child's welfare and a significant change in circumstances.

* Re M (Special Guardianship Order: Leave to Apply to Discharge) [2021] EWCA Civ 442: As discussed above, while the ultimate decision on discharging the SGO was not made at the Court of Appeal stage, the mother was granted leave to apply to discharge the SGO, and her application for contact was restored. This was because the Court of Appeal found that the judge at first instance had applied too high a test for "significant change in circumstances" and had not correctly considered the issue of welfare in the context of granting leave. The mother's appeal was allowed, demonstrating that if the legal test for leave is correctly applied, and there are realistic prospects of success based on a significant change, an application to revoke can proceed to a full hearing.

* General Principle: Successful revocations often occur when:

* Birth Parent's Substantial and Sustained Improvement: The birth parent(s) can demonstrate profound and lasting changes in their lives that directly address the original concerns leading to the SGO. This might include overcoming addiction, significant improvements in mental health, stable housing, and consistent positive engagement with support services.

* Child's Wishes and Feelings: For older children, their clear and consistent wishes to return to the care of a birth parent, supported by evidence that this would be in their best interests, can be a powerful factor.

* Breakdown of the SGO Placement: In rare circumstances, if the SGO placement itself breaks down or is no longer able to meet the child's needs, the court may consider revocation as part of finding a new, more suitable long-term plan for the child.

* Local Authority Support: If the local authority, having reassessed the situation, supports the revocation and reunification with birth parents, this significantly strengthens the application.

Conclusion

Revoking a Special Guardianship Order is a complex legal process that the family courts in England and Wales approach with the utmost seriousness, always keeping the child's welfare at the forefront. The requirement for "leave" and the demonstration of a "significant change in circumstances" act as safeguards to ensure the stability and permanence that SGOs are designed to provide. While challenging, successful applications for revocation are possible when there is clear and compelling evidence that such a change is genuinely in the child's best interests, and that the birth parent can now provide the necessary care and stability. Anyone considering applying to revoke an SGO should seek expert legal advice to understand the specific requirements and build the strongest possible case.