Under Section 20 of the Children Act 1989, the Local Authority shall provide accommodation for any child in need in their area who appears to require accommodation as a result of:
A Section 20 agreement is an agreement between the parents or any other 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 law states that the Local Authority may not provide accommodation under this section for any child if any person who
objects to the agreement.
It must be noted that 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 parent has capacity to give consent, they understand fully the consequences of giving consent and understand the consequences of refusing consent.
You should obtain legal advice as soon as possible to discuss the Section 20 agreement and the practical consequences of this.
You are able to refuse to enter into the Section 20 agreement but if the Local Authority have concerns about the safety and welfare of the child, it may be likely that they will submit an application to the Court for a Care Order.
If the s20 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 parents 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. The Local Authority cannot take any action to prevent this from happening. If the Local Authority considers that the child is at risk of significant harm if they are returned to the parents’ care, they will apply to the Court for an Interim Care Order, seeking removal of the child from the parents’ care.
Duncan Lewis Solicitors have a large children law team who are able to discuss and go through the Section 20 agreement with you and advise you on the next steps. Duncan Lewis Solicitors have Solicitors, Caseworkers and Trainees who speak a vast range of languages should there be any language barriers.
Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.
Legal aid may be available for this type of matter, depending on the circumstances of the case. Alternatively, a fixed fee or hourly rates of a fee earner will be provided to you in advance for your full consideration.
For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.