Section 20 of the Children Act 1989 requires the Local Authority to provide accommodation for any child in need in their area who requires accommodation.
This can be as a result of various reasons, which can include no other person who has parental responsibility for the child being able to care for the child. It can also include the child being lost or having been abandoned by their care provider, or lastly that the care provider is prevented from providing the child with suitable accommodation or care.
A Section 20 agreement is an agreement between any person who has parental responsibility for the child and the Local Authority. The agreement allows the Local Authority to remove a child from their current home and place them in alternate accommodation such as foster care, without the need for a Court Order.
The Local Authority will not obtain Parental Responsibility for a child who has been accommodated under Section 20 and anyone who has existing parental responsibility for the child will not lose the same.
A Section 20 agreement should only be obtained where the care provider has capacity to give consent and that they understand fully the consequences of giving the required consent and understand the consequences of refusing to provide the consent.
If the care provider refuses to enter into the Section 20 agreement and the Local Authority have concerns about the safety and welfare of the child, then they may submit an application to the Court for a Care Order or a supervision order.
If the section 20 agreement is signed, then the child will remain in the care of the Local Authority. There should be regular meetings held between the Local Authority and the care providers to review the current arrangements.
A person who has parental responsibility may at any time withdraw their consent and remove the child from the Local Authority’s accommodation.
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