By virtue of the Children Act 1989, a Local Authority can request that a person with parental responsibility for a child signs an agreement that is referred to as a Section 20 Agreement.
This agreement gives the Local Authority the power to accommodate a child if they believe it is necessary to safeguard or promote their welfare. This can include circumstances where a child is felt to be beyond the control of their parents, where a child is deemed to be living in an unsafe environment, or as a temporary protective measure in advance of the Local Authority issuing proceedings in Court.
The accommodation that the Local Authority propose a child moves into can range from foster care to placement with a family member, depending on the child’s needs and circumstances. Local Authorities have a duty to ensure that a thorough assessment is undertaken of any child in respect of whom a Section 20 Agreement is deemed necessary, and must consider their physical, emotional, and educational needs when making any decision about their accommodation.
As accommodation under Section 20 is voluntary, the Local Authority must obtain the consent of parents, or persons with responsibility for the child, before any action is taken in terms of moving the child into alternative accommodation.
Section 20 also works to protect the rights of parental responsibility holders and as such, an agreement will not be valid unless consent has been provided by those responsible for the child. In circumstances where parents are separated, but both retain parental responsibility, either by being named on the birth certificate, or by virtue of a relevant court order, it is necessary to approach each parent individually for their consent.
When a parent or carer signs a Section 20 Agreement, they do not lose parental responsibility for the child, nor do the Local Authority gain parental responsibility for the child. The child will instead become a “looked after child”. This means that parents and carers retain the right to be involved in decisions relating to a child’s accommodation, including ending the Section 20 Agreement, by revoking their consent should they wish to.
It is important to note that by ending a Section 20 Agreement, the parent or carer will not have the power to cease the Local Authority’s involvement with the child. In circumstances where there are immediate and significant concerns about a child’s welfare, termination of a Section 20 Agreement can result in the Local Authority issuing court proceedings to obtain parental responsibility for a child, so it is important that legal advice is obtained before making any decision in relation to ending an agreement.
Section 20 agreements are typically used as a short-term measure, to provide immediate solutions to an issue with a child’s placement. The Local Authority should not use Section 20 Agreements to delay issuing court proceedings, or to avoid rectifying issues with a child’s placement in the long term.
If you are asked to sign a Section 20 Agreement or are considering revoking consent to a Section 20 Agreement, it is important to obtain legal advice beforehand. Our childcare team at Bromley’s can provide advice on either aspect of a Section 20 agreement and we would urge any parents or carers to contact us should they require further information.
If you have any questions, please contact Bromley’s on 0161 330 6821 and ask to speak to a member of our childcare team.