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A Section 20 (s.20) is a voluntary agreement between the Local Authority and parent and/or carers who share parental responsibility for a child. The local authority will invite those with parental responsibilities to agree for a child to be accommodated in local authority foster care for a short amount of time. Under Section 20 of the Children Act (1989), Local Authorities have a duty to provide a child with somewhere to live if they either don’t have a home or their living conditions are deemed unsafe.
It is important to understand that this is a voluntary arrangement between the local authority and parents/carers and consent by parents/carers can be withdrawn at any time. The local authority do not share parental responsibility under a S.20 arrangement.
Situations where S.20 may be considered relevant are: –
- Where there are concerns over the welfare of a child in their current accommodation;
- Family circumstances are such that additional support is needed for a child for a short period of time, such as a parent becoming ill;
- A child being excluded from the family home or is beyond parental control;
- There is no person with parental responsibility for the child
S.20 can also apply where parents or carers are placed with children in a foster care placement or residential setting pending assessments. Children can also be placed with family and friends under a S.20 arrangement and the local authority has a duty to consider this as a preferred option first.
The social worker should provide parents/carers with a written agreement setting out exactly what has been agreed and inviting them to sign that agreement.
It is important to note that parents should be provided with an opportunity to seek legal advice prior to signing the agreement and agreeing to S.20.
Under the S.20 agreement the local authority will then conduct further assessments and investigations, give parents time to address any issues they have and offer advice and support in an attempt to make the current situation better which in turn would enable the child to return home.
If things do not improve then the local authority may consider issuing court proceedings.
It is important to remember that S.20 is a voluntary arrangement and parents do not have to agree to S.20. However, if the local authority are concerned about the welfare of a child, then in that instance they may consider whether it is appropriate to then issue care proceedings at court.
Similarly, if a parent was to withdraw their consent and the local authority did not deem it safe for a child to return to a parents’ care, then they may also in that instance consider issuing court proceedings.
In some situations, it could be better to enter court proceedings as the Judge might disagree that a child should be kept out of a parents care but it is always best to get legal advice before withdrawing consent.
In the absence of a S.20 arrangement, the local authority can only remove a child from a parent’s care under a court order such as an EPO or and ICO, or where the police have exercised their powers of police protection.
S.20 should only every be a short term option and if the arrangement does become protracted then it would be advisable to also seek further legal advice.
If you would like to get in touch with one of our child law solicitors, please call 02392 210 170 or alternatively click the link below.
