Section 20 of the Children Act 1989 outlines the circumstances under which a local authority can provide accommodation for a child within their area when necessary.
This includes situations where:
- The child is lost or abandoned.
- The person responsible for the child is unable to provide suitable care or accommodation.
- No individual possesses parental responsibility for a child.
Parents with parental responsibility can agree to voluntary accommodation under Section 20 of the Children Act of 1989. However, despite being termed “voluntary accommodation,” parents may sometimes feel pressured to agree.
Under a Section 20 agreement, the child or children may be placed with approved local authority foster carers or with a family member who has been approved by the local authority, often a grandparent.
While Section 20 can provide a valuable option for short-term child accommodation, parents should carefully consider the duration of such accommodation without a clear plan for the child’s eventual return home.
It is advisable for parents to seek independent legal advice before consenting to Section 20 accommodation.
Can you refuse to agree to Section 20 accommodation?
Certainly, you can. Section 20 is a voluntary arrangement where social workers invite a person with parental responsibility to agree to have their child temporarily placed in alternative accommodation, such as foster care.
If a social worker has approached you about considering Section 20, it’s natural to feel concerned or anxious about what comes next. It’s crucial to carefully evaluate your options before making any decisions.
Our knowledgeable Care Proceedings Solicitors can provide guidance on the terms of your Section 20 agreement, ensuring that you understand the implications fully before proceeding with any actions. Contact us today for initial advice tailored to your situation.
What does the law say about refusing Section 20?
According to Section 20(8) of the law:
“Any person with parental responsibility for a child has the right to remove the child from accommodation provided by or on behalf of the local authority under this section.”
In practical terms, this means that if a parent decides to revoke their consent, the child must be promptly returned to their care. However, if the local authority believes that it is unsafe for the child to return home, they may initiate legal proceedings and seek an interim care order (ICO) along with a removal plan. Alternatively, they may choose to keep the children with the parents while collaborating with the family under a Child Protection Plan.
Once court proceedings are initiated by the local authority, parents have access to free legal advice and can challenge the decisions made by the authority. It’s important to understand that the court’s primary responsibility is to make decisions based on the best interests of the child.
What Should You Consider Before Agreeing to Section 20?
The terms of each Section 20 agreement can vary, so it’s essential to fully comprehend the implications before providing consent.
Before agreeing to Section 20, consider the following points:
- Duration proposed for your child’s accommodation.
- Whether there will be a pre-proceedings meeting.
- Whether any investigations will be conducted.
If you choose to consent to Section 20, request written confirmation of the agreement.
You may also be asked to sign a “Contract of Expectations,” outlining expectations from both you and the local authority during the agreement’s duration.
What happens? Should I refuse?
If you choose to decline a Section 20 agreement and the local authority determines that the child should not remain in your home, they may seek one of the following options:
- Interim Care Order: This order grants the local authority shared parental responsibility with you.
- Emergency Protection Order: These court orders are rare and are only issued when a social worker believes a child is at immediate risk of harm and requires removal to a place of safety.
- In some cases, the police may intervene and place the child under police protection, relocating them to what they deem suitable accommodation for up to 72 hours.
It’s crucial to carefully consider these potential outcomes before refusing a Section 20 agreement. Our care proceedings solicitors specialise in this area and can assist you in making a decision that prioritises your child’s best interests.
How can our care proceedings solicitors help?
While social workers have a responsibility to ensure that you have the necessary information and capacity to consent to a Section 20 agreement, you also have the right to seek legal advice before making a decision.
Our Care Proceedings Solicitors will leverage their expertise to ensure that you fully understand each potential outcome before proceeding. We will carefully listen to your circumstances and strive to achieve the best possible outcome for you.
