I do not feel able to care for my child anymore. What can I do?

Social Services will usually become involved with a family because they are worried that the care being provided to a child is not reaching a good enough standard. However, Social Services can and will be approached by parents who feel that they are unable to safely care for their child upon birth or in the later stages of their childhood.

There are numerous reasons why a parent would make the difficult and brave decision that they are not able to care for their child and provide them with the good standard of living that they deserve. A parent may be struggling with their mental health, unable to care due to their own physical and emotional needs, may be addicted to illegal drugs and alcohol, or other personal circumstances. If Social Services are approached by such a parent, they will assess the situation and see if there is any support or services that could be implemented to assist the parents. It may be that the child has additional physical or mental health needs or behavioural problems which is making it difficult for a parent or parents to manage. They may ask for family members to offer assistance or for professional support from education and medical professionals. Social Services could make referrals for support services such as Early Help and MST, or MST-CAN, to work with the family to overcome these difficulties. However, if this does not help or a parent simply can no longer care for their child, what options do they have? One option is known as a Section 20 agreement.

Section 20 Agreements

S20 of the Children Act 1989 places a duty on Local Authorities to provide accommodation to certain children in need in their area. A Section 20 agreement is a document whereby a parent agrees for their child to be accommodated by the Local Authority in foster care. It will state that the Local Authority has permission to place the child in a foster placement and seek any emergency medical assistance which is required whilst residing in this placement. A Section 20 agreement only needs to be signed by one person with parental responsibility. The parents will still retain their parental responsibility for that child and the Local Authority will not share parental responsibility under this arrangement. Section 20 agreements can be revoked at any time by a parent and they can request that the child is returned to their care. However, during the Local Authority’s involvement, assessments may have taken place to determine the level of risk posed to the child in respect of emotional, physical, sexual harm or risk of neglect and if the Local Authority are not in agreement to the child returning to the parent’s care, they may issue Care Proceedings for a protective order for the child.

Relinquished Babies

A parent of a newborn baby may decide that they do not wish to care for them or feel unable to care and can ask for their child to be  adopted by consent, which is also referred to as the baby being relinquished. In such situations, the Local Authority will ask the mother to sign a Section 20 agreement so the baby goes into a foster placement following birth, as only the mother will have parental responsibility at this point. The Local Authority may determine that they need to look for an alternative placement for the child within the family or speak with the biological father of the child to confirm whether they agree to the consensual adoption. Issues arise where a mother does not wish for the biological father or her wider family to be informed of the birth of the baby. The Court will need to weigh up all factors such as the circumstances of the birth, personal relationships, safety and religious reasons when determining whether any other person should be informed about the baby’s existence and their Article 8 Human Right to family life.

How can we help?

If Social Services are involved with your family or children have been made subject to Care Proceedings, we understand that this can be very stressful and that is why we are here to help and provide advice. We have experience in assisting parents at all stages of Local Authority involvement. Please contact Johnson Astills at either our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312 and ask or a member of the Care Team. Alternatively you contact us through our free online enquiry form or email us at careteam@johnsonastills.com and a member of our team will be happy to assist you.