Section 20 of the Children Act 1989: What You Need to Know

When professionals or people talk about “section 20” they’re referring to s20 of the Children Act 1989. This legal provision lets a local authority provide accommodation for a child in need, based on a voluntary agreement with the people holding parental responsibility. 

As this is a voluntary agreement it can also be called ‘voluntary accommodation’ or ‘voluntary care’.

When is Section 20 used?

A local authority may use Section 20 when:

• There is no-one with parental responsibility who could currently care for the child.
• The child is lost or has been abandoned.
• The person who has been caring for the child is not able to provide them with suitable accommodation or care.
  

How does a section 20 work?

A child placed under an s20 would be what is known as a “looked after child” by the local authority. Meaning that the local authority provide accommodation and care for the child. The parent(s) or carer however keeps their parental responsibility.

Things to note about a section 20:

• The agreement can be ended at any time by the person with parental responsibility and the child must be returned to their care. This is different to care orders where the local authority share parental responsibility with a parent.
• A child who is 16 can choose to continue s20 arrangements even if the parents disagree.
• Regular reviews are held whilst they are ‘looked after’ to assess the child’s future care. An Independent Reviewing Officer will ensure the local authority follows proper procedure.

How long can a child stay on a section 20?

S20 is not a long-term solution for children in need. There are some exceptions as with any situation, but the courts and guidance are clear that this is a temporary solution. It’s intended for while assessments are undertaken and decisions can be made about the child’s future.

There is no time limit set out in law on how long a child can be accommodated under s20. The courts and guidance do emphasise that this is not intended as a long term solution.

Important things to think about as a parent

If you are being asked by the local authority to agree to s20, it is important that you take legal advice.  A child care solicitor will help you decide whether it is the right step for you and your family. The success of section 20 is very dependent on the circumstances of your particular situation.

What you should know before agreeing to section 20:

• You must fully understand the implications of Section 20 before giving consent.
• This is known as making an informed decision.
• If a parent has a learning difficulty, lacks capacity, or is under the influence of drugs or alcohol, a social worker may decide they cannot legally give consent to s20.

What if you want to withdraw consent?

If you have agreed to an s20 and are considering withdrawing your consent, we would again recommend that you discuss this with a solicitor before. There are a lot of factors to weigh up and consider before you do anything. A child’s return home should be planned and structured, rather than immediate and uncoordinated. Our legal team can help guide you through the process.

If you are being asked to sign a Section 20 agreement, or if you are considering withdrawing consent, our team of expert child care solicitors can provide you with specialist legal advice. Get in touch with us on 0800 138 0458 or fill in the form below and we can help you. If you’re worried about the cost, we are legal aid solicitors and can assess if you meet the criteria for legal aid.