Legal aid and court costs for special guardianship

Written and reviewed by Patricia Hughes · Last updated 4 November 2026 · last reviewed 4 November 2026

Legal aid, help with court fees and council support are different possible sources of help with legal costs. None should be assumed from the fact that you receive a special guardianship allowance. Before paying for advice or making an application, ask a family solicitor which route fits your case and obtain any funding agreement in writing.

Separate the three questions

Ask about advice costs, court fees and council funding separately, because an answer about one does not settle the others.

• Legal aid: ask a provider who undertakes legal aid work whether your type of case and your circumstances qualify, what evidence is required and whether you may have to contribute.
• Court fees: ask which application is needed, what the current fee is and whether help with fees is available. A fee concession does not by itself pay for a solicitor.
• Council support: ask the social worker or support team whether the council will contribute towards advice, representation or application costs, and who can authorise that payment.

The allowance calculator estimates ongoing support. Its means-test illustration is not a legal aid assessment, and the allowance rate tables are not a schedule of legal fees.

England and Wales: where to check

Start with the official legal aid service and a family solicitor who can check the details of your proposed or existing proceedings.

Use GOV.UK's legal aid guide and find a legal aid adviser. For the application process, see applying to become a special guardian. The help with court fees service is a separate place to check assistance with fees.

Tell the adviser whether there are existing care proceedings, whether you are already a party, whether an order has already been made and exactly what you need help with. Applying for an order, changing an order and challenging an allowance decision are different tasks. Do not assume advice about one covers the others.

Eligibility and exceptions depend on the applicable scheme and case. This guide does not list income thresholds, guarantee free representation or quote a court fee that may change. Ask the adviser to check the current rules, including any exceptions relevant to your proceedings.

Asking the council about legal costs

Ask for a specific written decision about costs before committing to a solicitor's bill.

In England, the financial support framework includes regulation 6 of the Special Guardianship Regulations 2005. Use the regulation and the council's policy as the starting point for your question, rather than assuming that every legal bill is covered.

Ask these questions:

1. Which advice or court work will you fund, and under which policy or provision?
2. Is there a spending limit, and does it include VAT, court fees and other expenses?
3. Must I use a particular provider, or can my solicitor obtain approval?
4. Will you pay the solicitor directly, or reimburse me? What evidence is needed?
5. Who must approve extra work if the case changes?
6. If you refuse, will you give the reasons and the route for asking for a review?

Keep the written agreement. A general statement that the council is supporting your application may not answer who pays for independent legal advice. The guide to asking for the policy helps you request the documents behind a decision; which council is responsible explains why that question may need settling first.

Scotland and Northern Ireland

Use the legal aid system for the nation where the proceedings are taking place, with advice about the law that applies to the child and the proposed order.

In Scotland, consult the Scottish Legal Aid Board and a Scottish family solicitor. Scottish kinship care does not use English special guardianship orders. In Northern Ireland, use nidirect to find legal aid information and ask a local solicitor about the relevant family proceedings. Do not carry English fee or eligibility assumptions into either system.

If money or a deadline is urgent

Tell the solicitor about any hearing or deadline at the first contact and ask what must happen before funding is settled.

Do not delay responding to court papers because a council has not answered a funding request. Keep copies of the papers and any existing support agreement. An allowance complaint is not a substitute for advice about court deadlines or a possible legal challenge.

What you can check, and what you have to ask for

You can identify the relevant national legal aid service, gather your court papers and check whether the council has a published policy on costs. You can also separate ongoing allowance questions from the bill for legal work.

Only the appropriate adviser or decision-maker can assess your funding application or confirm what will be paid in your case. Ask for the scope, conditions and any contribution in writing before treating funding as agreed.