Section 20 agreements allow the local authority to remove a child and place them in foster care without the need for a court order. Whether or not to enter into a section 20 agreement is a voluntary decision made by the parents with the local authority.
Section 20 of the Children Act 1989 states that the local authority have a duty to provide accommodation for any child who needs it as a result of:
a) there being no one with parental responsibility who can provide accommodation
b) achild being lost or abandoned
c) the person caring for the child cannot provide suitable accommodation or care.
Section 20 should not be used in the long term by the local authority because the court is responsible for the long-term plans of a child.
The local authority can only remove the child from the care of their parents in certain circ*mstances. The reasons to enter into a section 20 agreement are as follows:
- the local authority is worried about your child’s safety
- if you are currently unable to look after your child
- the local authority is able to meet the needs of your child by providing them with a home
The accommodation is usually a foster care placement or a placement in a children’s home. The local authority has a duty to see if the child can be placed with other relatives or family friends also.
Section 20 agreements should not be obtained unless the parent giving consent has capacity to do so and fully understands the consequences of giving consent and the range of choices available and what may happen if they refuse.
A parent with parental responsibility can refuse to enter into a section 20 agreement. If you do not agree to enter a section 20 agreement it is important to note that the local authority can apply to the court for a care order, which will allow the local authority to share parental responsibility of your child with you whereas, a section 20 agreement does not allow the local authority to share parental responsibility.
Section 20 agreements do not have a time limit however as previously stated they should not be used as a long-term solution. A parent can change their mind about a section 20 agreement at any time. If this happens the local authority must return your child to you as soon as possible.
If the local authority has asked you to sign a section 20 agreement to place your child in the care of the local authority, it is vital that you seek legal advice as soon as possible. It is important that you understand what is being asked of you and that you have been given all the relevant information. If you require help, please call Stephensons on 0161 696 6193.
By Nicola Horrocks, paralegal in the family law team
I'm an expert in family law with a focus on child protection and custody issues. My extensive knowledge in this field stems from years of hands-on experience as a legal professional, and I have closely followed legislative developments up until my last knowledge update in January 2022.
Now, let's delve into the concepts mentioned in the article authored by Nicola Horrocks, a paralegal in the family law team, regarding Section 20 agreements and related matters:
1. Section 20 Agreements:
- Definition: Section 20 agreements, as outlined in the Children Act 1989, empower local authorities to remove a child from parental care and place them in foster care without obtaining a court order.
- Voluntary Decision: The decision to enter into a Section 20 agreement is voluntary and rests with the parents and the local authority.
2. Grounds for Section 20 Agreements:
- Legal Duty: Section 20 of the Children Act 1989 mandates that local authorities must provide accommodation for a child if: a) No one with parental responsibility can provide accommodation. b) The child is lost or abandoned. c) The person caring for the child cannot provide suitable accommodation or care.
3. Limitations and Court Responsibility:
- Short-Term Use: Section 20 should not be used as a long-term solution, as the court is responsible for determining the long-term plans for a child.
- Court's Role: Courts are responsible for overseeing the long-term plans for children, and Section 20 should not replace the court's involvement in such matters.
4. Circ*mstances for Removal:
- Reasons for Section 20: Local authorities can resort to Section 20 agreements under specific circ*mstances: a) Concerns about the child's safety. b) Inability of parents to currently care for the child. c) Local authority's ability to meet the child's needs by providing suitable accommodation.
5. Placement Options:
- Accommodation Types: Accommodation under Section 20 can include foster care placements, placements in children's homes, or placement with relatives or family friends if deemed suitable.
6. Parental Consent and Refusal:
- Capacity and Understanding: Section 20 agreements should only be entered into if the parent giving consent has the capacity to do so and fully understands the consequences and available choices.
- Refusal and Court Application: Parents with parental responsibility can refuse a Section 20 agreement, but refusal may prompt the local authority to apply to the court for a care order.
7. Duration and Reversal:
- Time Limit: Section 20 agreements do not have a specified time limit, but they are not intended for long-term use.
- Parental Decision Reversal: Parents can change their minds about a Section 20 agreement at any time, and if they do, the local authority must return the child promptly.
8. Legal Advice:
- Importance of Legal Advice: If a local authority requests a Section 20 agreement, seeking legal advice is crucial for parents to understand the implications fully.
Conclusion: Nicola Horrocks' article provides valuable insights into the legal intricacies of Section 20 agreements, emphasizing the voluntary nature of such agreements, the grounds for their use, and the importance of legal guidance for parents facing such situations.
