When a child’s wellbeing is at risk, whether due to neglect, abuse, or ongoing instability at home, it’s often extended family who are first to notice. Grandparents, aunts, uncles, and even close family friends may wonder: Can I step in to care for this child? What legal rights do I have?
This guide explains the legal options available to extended family members under UK family law, including how child protection orders, Child Arrangement Orders, and Special Guardianship Orders (SGOs) work when a child needs a safe and stable environment outside their immediate parental home.
When Can a Relative Step In to Care for a Child?
You don’t need to be a parent to help protect a child. If you’re concerned that a child in your family is not being cared for safely, whether due to substance misuse, domestic abuse, or emotional neglect, you may be able to apply to court to care for them.
Depending on your relationship to the child, there are two main legal routes in children matters:
- Child Arrangements Order (Live With): You ask the court to allow the child to live with you
- Special Guardianship Order (SGO): A more permanent legal order granting enhanced parental responsibility
If you’re not a parent, you will usually need to ask the court for permission (known as leave) before applying for an order. The court will consider the nature of your relationship with the child, your connection to them, and whether making the application is in the child’s best interest.
What Is the Difference Between a Child Arrangements Order and a Special Guardianship Order?
While both orders allow a child to live with a relative or close friend, they are different in terms of legal authority and long-term responsibility.
Child Arrangements Order (Live With)
- Grants shared parental responsibility with the child’s birth parents
- Intended to provide structure and clarity around care
- Does not override parental rights, big decisions must be made jointly
Special Guardianship Order (SGO)
- Grants enhanced parental responsibility, meaning the special guardian can make decisions even if the parents disagree
- Offers a more permanent arrangement than a Child Arrangements Order
- Typically used where long-term care is needed, but adoption is not appropriate
Special Guardianship is often used in situations where a relative has already been caring for the child informally or through temporary arrangements and needs legal recognition and authority to continue doing so.
How Does the Court Assess Whether a Relative Is Suitable?
For both types of orders, the court must be satisfied that the arrangement is safe and in the child’s best interests.
For a Child Arrangements Order, the court may rely on:
- A Cafcass welfare analysis
- Basic assessments around accommodation, stability, and intentions
For a Special Guardianship Order, the assessment is more in-depth:
- Conducted by the local authority under statutory guidelines
- Includes:
- DBS (enhanced police) checks
- Medical assessments
- References from friends, family, and past partners
- An evaluation of your parenting history and financial circumstances
- Your ability to care for the child long-term
The court will only approve a Special Guardianship Order if it’s confident that the arrangement offers long-term security and prioritises the child’s welfare.
What If There Are No Social Services Involved Yet?
Even if social services haven’t formally stepped in, the court can still take action to protect a child based on concerns raised during private family law proceedings.
One key power the court holds is issuing a Section 37 Direction.
What Is a Section 37 Direction?
This is where the court asks the local authority to investigate whether a child protection order, such as a Care Order or Supervision Order, is needed. This usually happens if, during a case, the judge becomes seriously concerned about a child’s safety or living arrangements.
The local authority must then submit a report outlining whether:
- The child is at risk of significant harm
- Protective action is needed
- Support can be provided without further legal orders
If the concerns are urgent, the court can even issue an interim child protection order (such as an Interim Care Order) to immediately safeguard the child.
Can the Court Protect a Child Without a Parent Reporting It?
Yes. The Family Court is empowered to act in a child’s best interests even if the parents have not initiated child protection measures.
Common examples include:
- A parent brings a child custody case, but evidence reveals neglect or risk
- A relative raises concerns during an application for contact or residence
- A Cafcass officer or professional submits worrying reports about the child’s living situation
In these cases, the judge can order investigations and trigger safeguarding interventions, including child protection orders or involvement of the local authority.
How Is a Child’s Voice Heard in These Decisions?
The child’s wishes and feelings matter, particularly if they are old enough to express them clearly. The court considers the child’s:
- Age and level of understanding
- Emotional and physical needs
- Relationship with each carer or parent
- Safety and comfort in each environment
Cafcass (Children and Family Court Advisory and Support Service) plays a key role in helping communicate a child’s views to the court. In more complex cases, the court may appoint a guardian and solicitor to act on behalf of the child.
Can Parents Still Be Involved After an Order Is Made?
Yes. Even after a Child Arrangements Order or Special Guardianship Order is made, the court typically encourages continued contact with parents where safe and appropriate.
If risks remain, the court can restrict that contact using a Prohibited Steps Order, such as preventing the child from being taken to see unsafe individuals.
Each arrangement is tailored to what’s safest and healthiest for the child.
When Legal Support Makes the Difference
Stepping in to care for a child, especially when protective concerns are involved, is a serious legal commitment. Understanding the options available to you, from Child Arrangements Orders to Special Guardianship, is the first step toward securing a child’s safety and long-term stability.
At Berkson Family Law, our specialist solicitors work closely with concerned relatives, kinship carers, and guardians to guide them through these sensitive legal processes with care and clarity. Whether you’re looking to apply for an order, need advice on assessments, or want to understand how to raise safeguarding concerns, we’re here to help. You can book a free, confidential consultation with one of our child protection solicitors or get in touch via email at info@berksonfamilylaw.co.uk