What Is A Section 20?

The Local Authority will, in some circumstances, ask parents to agree to place their children in foster care.

It will usually happen if they are worried about a child’s safety or welfare, it can be because a parent is unwell and unable to care for their child at that particular time. If a social worker asks you to agree to this very often you will need to make a quick decision about the accommodation. Social workers will often call this arrangement a S.20 agreement.  Section 20 of the Children Act 1989 which sets out how a Local Authority can provide accommodation for a child in their area, if that child needs it.

The Local Authority will first check with you whether or not there are members of your family or close friends who can care for your child on a short-term basis to help with the situation.

It is important that you provide details of possible carers to the social worker as soon as possible. If there are no family members or close friends you can call on for help then the social worker will probably suggest that a foster carer should look after your child and would ask you to agree to that.

The Local Authority social worker can only ask you to consent if you have parental responsibility and, although the arrangement is voluntary, your child would be treated by the Local Authority as a “looked after child”.

If you change your mind or your circumstances change and want your child to come home you can withdraw your consent to the section 20 agreement and remove your child from the foster carer, family member or friend, at any time.

We would always advise you to talk to the social worker involved about this and why you feel the time is right for your child to return home.

If the social worker does not agree with you, this can lead to an urgent application for an interim care order so that your child remains in the caring arrangement set up at the time you agreed to s.20 accommodation. When a child is returned home after a section 20 agreement has been in place, and with the approval of the Local Authority, they will usually be considered to be a Child in Need so social services will remain involved to provide support to the family.

What Should You Do Before Agreeing To A Section 20?

Before you agree to s.20 please consider taking legal advice as it is really important to understand:-

  • All of your options;
  • The reason why the social worker thinks this is the right thing to ask of you;
  • What you need to change to enable you to have your child home again;
  • How long the agreement to accommodate your child will usually last for;
  • What plans are in place for you to spend time with your child;
  • What happens when your child returns home to your care.

How Timms Can Help

If you need help or advice, please feel free to contact our family law team on 01332 364436 or via email at legal@timms-law.com.