Information for Parents, Carers and Families
Hearing people talk about“Section 20 Accommodation” can feel worrying, especially if you have never heard the term before.
Section 20 is part of the Children Act 1989. It allows a child to be cared for by the local authority when parents and Children’s Services agree that this is the best option for the child at that time.
Section 20 is a voluntary agreement. This means you are asked to agree to it and it is not the same as a court order.
What is Section 20 Accommodation?
Section 20 Accommodation is when a child stays somewhere arranged by the local authority because they cannot safely remain at home, or because there are difficulties that need to be resolved before they can return home.
This may involve a child staying:
- With foster carers.
- With family members or friends approved by the local authority.
- In a children’s home.
- In another suitable placement.
The arrangement is intended to make sure the child is safe and their needs are met.
When Might Section 20 Be Used?
Every family’s circumstances are different.
Section 20 may be considered when:
- A child cannot safely remain at home for a period of time.
- Parents are temporarily unable to care for their child.
- A family crisis has occurred.
- A child’s needs cannot currently be met at home.
- Professionals believe a short-term placement may help keep a child safe whilst plans are made.
The child’s welfare and safety should always be the most important consideration.
Is Section 20 a Court Order?
No.
Section 20 is a voluntary agreement between parents and the local authority.
The Family Court is not involved in making a Section 20 agreement.
This is different from a Care Order, which can only be made by a court.
Do I Keep Parental Responsibility?
Yes.
If your child is accommodated under Section 20, you continue to have Parental Responsibility for your child.
This means you continue to be involved in important decisions about your child, including:
- Education.
- Health care.
- Religion and culture.
- Important aspects of their upbringing.
The local authority does not gain Parental Responsibility simply because a child is accommodated under Section 20.
Can I Change My Mind?
Usually, yes.
Because Section 20 is a voluntary arrangement, parents can normally withdraw their agreement and ask for their child to return home.
However, if Children’s Services believe returning home would place a child at risk of significant harm, they may need to consider other legal options to keep the child safe.
These decisions should always be discussed with you and explained clearly.
Should I Get Legal Advice?
Yes.
You should not feel pressured into agreeing to Section 20 Accommodation.
Before making a decision, you should:
- Ask questions.
- Make sure you understand what is being proposed.
- Request written information.
- Seek independent legal advice if you are unsure.
It is important that you understand your rights and the implications of any agreement.
How Long Does Section 20 Last?
There is no set time limit.
Every child’s circumstances are different.
Some children remain accommodated for:
- A few days.
- Several weeks.
- Several months.
Regular reviews should take place to consider:
- Whether the child can safely return home.
- Whether support is helping.
- What needs to happen next.
What Happens While My Child is Accommodated?
Children’s Services will work with you and your child to plan for the future.
This may involve:
- Supporting your family to address difficulties.
- Providing practical help and support.
- Reviewing progress regularly.
- Planning for your child’s return home where it is safe to do so.
You should be kept informed about important decisions and involved in planning.
What Happens If My Child Cannot Return Home?
In some cases, concerns may continue and professionals may believe that a child cannot safely return home.
If this happens, Children’s Services may consider:
- Continuing accommodation whilst plans are reviewed.
- The Public Law Outline (PLO) process.
- Applying to the Family Court for legal orders.
If this happens, professionals should explain what is happening and help you access legal advice.
Will I Still See My Child?
In most situations, Children’s Services will support children to maintain safe relationships with their parents and wider family.
Professionals will discuss:
- When you will see your child.
- How often visits will take place.
- Whether any support is needed during contact.
Arrangements will always take account of the child’s safety and wellbeing.
What Are My Rights?
If your child is accommodated under Section 20 you have the right to:
- Be treated with respect.
- Receive clear information.
- Ask questions.
- Be involved in planning.
- Keep Parental Responsibility.
- Seek legal advice.
- Have decisions explained to you.
- Raise concerns if you are unhappy about decisions or support.
Your child’s wishes and feelings should also be listened to and considered.
What Support Might Be Available?
Your Social Worker
Your Social Worker should explain the process, answer questions and support you throughout the arrangement.
Family Hubs
Family Hubs provide support for families across South Tyneside.
Telephone: 0800 783 4645
Website: South Tyneside Family Hubs
Independent Legal Advice
If Section 20 Accommodation is being discussed, you should consider seeking independent legal advice before making decisions.
Children’s Social Care
Telephone: 0191 424 5010
Out of Hours: 0191 456 2093.
Frequently Asked Questions
Does Section 20 mean my child has been taken into care permanently?
No.
Section 20 is often used as a temporary arrangement while families receive support and longer-term plans are considered.
Does Section 20 mean I have lost Parental Responsibility?
No.
You continue to hold Parental Responsibility throughout a Section 20 arrangement.
Will I be involved in decisions about my child?
Yes.
Parents should continue to be involved in important decisions and planning unless there are specific reasons why this would not be appropriate.
Key Message
Section 20 Accommodation is a voluntary arrangement that allows a child to be cared for by the local authority when this is believed to be the safest option. Parents keep Parental Responsibility and should be fully involved in planning and decision making. The aim is to support children, keep them safe and work towards the best possible outcome for the child and family.