What is it?
A Local Authority can accommodate a child within their area if they consider that doing so would safeguard or promote the child’s welfare.
In what circumstances can it apply?
For example, where a parent or person with parental responsibility cannot provide suitable accommodation or adequate care for their child or where a child has no one with parental responsibility, is lost or abandoned.
Is it obligatory?
It is a voluntary arrangement where the parent consents to a child (up to the age of 16) being accommodated by the Local Authority, i.e. taken out of their care and placed in foster care for a short period of time, for example.
A parent can therefore withdraw their consent at any time. This may, however, lead the Local Authority to making a court application for a Court Order.
How long does it last?
There is no statutory time limit on how long a child can be accommodated by the Local Authority under section 20.
What does it mean for my child?
Your child becomes looked after but is not in care.
What happens after agreeing to Section 20?
A child will be placed in local authority care or with family or friends.
The Local Authority should conduct further assessments and investigations to decide if they need to issue a court application or can return the child.
The Local Authority should try to work with parents or person with parental responsibility to address any issues of concern and to make changes so that the child can be returned to them.
Is there an alternative?
A family arrangement.
A Family Group Conference can be held. The idea is to identify someone to care for the child with your family and friend network to avoid your child becoming a looked after child.
It is important to seek legal advice prior to signing any such agreement. This will make sure that you are making a fully informed choice. You need to be certain of the implications of whether you do or do not agree with your child being accommodated and looked after.
For further information on anything mentioned in this article, please contact Stephanie McAulay on 01392 260145 or email stephaniemcaulay@wbw.co.uk.
WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
