Form N142 Guardianship Order UK: How It Works

What this document is

A guardianship order is a court order appointing a guardian (often a close relative or the local social services authority) to take responsibility for key aspects of a vulnerable adult's life. It is made under section 37 of the Mental Health Act 1983, usually in criminal proceedings where the person would otherwise face sentencing but is found to have a qualifying mental disorder.

Form N142 is the record of that order. Once made, the guardian gains specific statutory powers: to require the person to live at a particular address, to require them to attend for medical treatment, occupation, education or training, and to give a doctor or approved professional access to them at their home.

It is important to note what guardianship does not do. It is not the same as a deputyship under the Mental Capacity Act 2005, and a guardian does not automatically control the person's money or property. The order is designed to provide a framework of care and structure in the community, not detention in hospital.

An order typically lasts for an initial period and can be renewed if the statutory grounds continue to be met.

How to use this document

1. Medical evidence is gathered. Before the court can consider a guardianship order, two registered medical practitioners must provide written or oral evidence confirming the person has a mental disorder of a nature or degree that warrants guardianship. At least one of these doctors must be approved under section 12 of the Mental Health Act 1983 as having special experience in diagnosing mental disorder.
2. A willing guardian is identified. The court needs a named guardian who is ready to accept the role. This is frequently the local social services authority, but it can be a private individual such as a close relative, provided that individual is accepted by the local authority and willing to take on the statutory duties. The proposed guardian's agreement must be confirmed in writing.
3. The court considers whether an order is the right outcome. The judge weighs the medical evidence, the person's circumstances, the available alternatives, and whether guardianship is the most suitable way of dealing with the case. The court must be satisfied that an order will serve the welfare of the person concerned, not merely be convenient for others.
4. Form N142 is issued. If the court decides guardianship is appropriate, it records the decision on Form N142. The form sets out the person subject to the order, the named guardian, and the date the order takes effect. Copies are sent to the guardian and to the local social services authority so the statutory framework can begin operating.
5. The guardianship is put into effect and reviewed. The guardian uses their powers to arrange accommodation, access to treatment and day-to-day structure. The order runs for a defined statutory period initially and can be renewed if the grounds still apply. The person under guardianship has the right to apply to the Mental Health Tribunal to have the order reviewed.

Common questions