What happens if you sign a Section 20 Agreement?

Parents are sometimes asked by social services to agree to their child being accommodated under section 20 of the Children Act 1989. This may happen during a family crisis, after a safeguarding incident, during a child protection investigation, or shortly after a baby is born.

Being asked to agree to section 20 accommodation can feel frightening and overwhelming, particularly where parents are being asked to make decisions quickly or during a time of crisis.

Section 20 can be useful in some situations, but it can also have serious consequences. Parents should understand exactly what is being proposed before agreeing to their child living away from home.

At Rosewood Solicitors, we can help parents understand section 20 arrangements, respond to children’s services, and take action.

What is section 20 accommodation?

Section 20 allows a local authority to provide accommodation for a child. In many cases, this happens because a parent agrees that the child should live somewhere else temporarily.

The child may be placed with foster carers, family members, connected persons or another placement arranged by the local authority.

Section 20 is not the same as a care order. The local authority does not obtain parental responsibility. Parents keep parental responsibility and should remain involved in important decisions about the child.

Does section 20 have to be signed?

Local authorities often ask parents to sign a written section 20 agreement. A written agreement can be helpful, but section 20 is not just about signing a form. The key issue is whether the parent has given valid, informed and continuing consent.

Before agreeing to section 20, parents should understand:

• why the local authority wants the child to be accommodated;
• where the child will live;
• how long the arrangement is expected to last;
• what contact will take place;
• what assessments will be carried out; and
• what needs to happen before the child can return home.

Parents should not feel pressured or forced into agreeing to something they do not understand. Signing the Section 20 must be voluntary. If the local authority believes a child cannot safely remain at home and the parent does not agree to section 20, the local authority may need to apply to court.

Can section 20 consent be withdrawn?

Usually, yes. Because section 20 is voluntary, a person with parental responsibility can normally withdraw consent.

If consent is withdrawn, the local authority cannot simply continue to accommodate the child under section 20 against that parent’s wishes unless another lawful basis applies. It may agree to the child returning home, arrange a planned return with support, or apply to court if it believes the child cannot safely return.

What happens after a section 20 agreement?

Once a child is accommodated under section 20, the local authority may carry out assessments, arrange contact, assess family members, hold child protection meetings, start pre-proceedings, or decide whether care proceedings are necessary.

Some children return home after a short period. In other cases, the local authority may decide to ask the court to make orders.

Agreeing to section 20 does not automatically mean that a parent accepts all the allegations made by the local authority. However, parents should be clear about whether they agree with the concerns, what they expect to happen next, and when the arrangement will be reviewed.

How we can help

Section 20 arrangements can be difficult to manage, especially where parents feel under pressure or are unsure about their rights. We can assist by:

• explaining what section 20 means;
• reviewing proposed agreements;
• communicating with the local authority;
• advising on withdrawal of consent;
• seeking a child’s return home where appropriate; and
• representing parents if care proceedings are issued.

To speak to one of our Care Proceedings Solicitors who may be able to help you, please call us on 0300 3732424.