I'm being asked to consent to a section 20, can this be a long-term agreement?

What is a section 20?

Section 20 is a voluntary arrangement that parents can consent to and withdraw this consent at any time. The agreement allows the child to be voluntarily accommodated in foster care or with friends or family and this can be supported without an order in place. Section 20 is usually used in the interim period, as a short term, temporary measure.

What does this mean?

With this agreement, social services do not gain parental responsibility as they would when ordering an interim care order. An interim care order is also a temporary measure, this is in the form of an order where the risk of harm to a child is so great the court deems it necessary to gain parental responsibility and find accommodation for the child whilst further assessments take place.

The advantages of a section 20 mean you can withdraw your consent at any time and the Local Authority does not have overriding parental responsibility. There have been problems raised by how the agreement is made and this has been an ongoing concern. Such that parents are not completely informed about what a section 20 is and giving as Headley J described as “compulsion in disguise” in Coventry City Council v C, B, CA, and CH [2012] 2 FLR 987, para 27[1]. Parents should be completely aware of what they are signing and the consequences of doing so.

Issues to be aware of when consenting.

Social services have been hesitant to return children that are accommodated under section 20 when parents have withdrawn consent. It is important to seek legal advice as the agreement is only in force when the parents’ consent is in place. Once that is withdrawn, the children should be returned to their parents immediately. If social services remain concerned enough to wish to continue residing the children alternative accommodation, they must action an order and this would be done through Court proceedings.

The court of appeal has recently allowed two appeals that provided the cross over between the voluntary nature of section 20 and the permanence of a care order. This was outlined in Re S and Re W [2023] which shed light on the question mark of section 20 being a long-standing solution. In Re N (Children) (Adoption: Jurisdiction) [2015] EWCA Civ 1112, Sir James Munby P criticised that section 20 arrangements have been used for long periods of time and that this was a misuse and abuse of the statute, that could no longer be tolerated. Yet, more recent case law invites the long-term use of section 20.  Where the section 20 placement is supported by the parents and the arrangement is meeting the child’s needs, there is little need to pursue an order that would introduce the family to proceedings. Therefore, where it is proportionate and appropriate, a section 20 can be deemed a permanent solution to accommodate a child.

How can we help?

We appreciate involvement with social services can be a stressful and uncertain time. We have an experienced team that can assist parents at all stages of social care involvement. If you need advice or guidance on any concern involving the Local Authority during care proceedings, 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 so that we can advise you accordingly. Alternatively, please email us on careteam@johnsonastills.com and a member of our team will be happy to assist you.