If the Local Authority have concerns that a child cannot stay living where they are currently, they may propose that the children be removed and place in temporary accommodation under a Section20 agreement. This may be because the Local Authority say that a child is at risk of suffering harm, either by the care being given to them, or their own actions putting them at risk.
Under section 20 of the Children Act 1989, the Local Authority have a duty to provide accommodation for a child who they feel cannot remain in their current placement.
When the Local Authority ask someone to agree to allow them to accommodate a child, everyone with Parental Responsibility should be asked to sign the Section 20 consent. You should have the opportunity to obtain legal advice before agreeing to your child being accommodated under section 20. It is important that you are fully aware of what you are agreeing to before making a decision.
Although a section 20 agreement does not last for a specific length of time, this agreement should only be used in the short-term and should not be used as a long-term measure to secure a child’s placement.
Section 20 is voluntary and you can choose to revoke your consent at any time and ask the Local Authority to return your child to you at any time. If you choose to revoke your consent and the Local Authority feel that your child may be at risk if they are returned home to your care, the Local Authority may apply to the Family Court for a Judge to consider the arrangements for your child.
We have specialist Child Protection Solicitors who can give you any advice you might about Section 20 or any stage of proceedings. If you require any further assistance in respect of family law matters then please contact a member of our dedicated team who will be happy to assist.
