What is the new law on a Section 20 agreement and how does this affect me?

What is a Section 20 agreement?

You as a parent can voluntarily enter into a Section 20 agreement. A Section 20 agreement allows your child to be accommodated willingly in either foster care, with your friends, or with relatives, and this can be supported without a Court Order. This was used as a temporary short-term solution.  The Local Authority do not have any parental responsibility during a Section 20 agreement, so this differs from a Court Order.

You have the right to withdraw consent at any time and once consent is removed, the Local Authority have a duty to return your child to you as their parents/carers as soon as practicably possible. If social services are concerned about the children’s safety following their return to you, the local authority may take further action through court proceedings. Section 20(6) of the Children Act states that the local authority must ascertain the children’s wishes and feelings where possible, as well as yours.

You should always seek legal advice if a social worker asks for your consent to sign a Section 20 agreement. It is important to understand that voluntary accommodation under Section 20 is not a replacement for a Care or Supervision Order directed by a Court.

What is the new law?

From the cases of Re S (A Child) and Re W (A Child) (s.20 Accommodation) [2023], there has been a recent development in the law. Normally a Section 20 agreement is used for temporary accommodation and is not a long-term decision. However, following the judgement from the cases above, it was decided that where there is an appropriate circumstance, a longer period of time can be provided for accommodation. In these cases, the Court of Appeal confirmed that there is no time limit on the use of a Section 20. This means that a Section 20 agreement can be used as a long-term measure of voluntary accommodation. This will need to be classed as proportionate and appropriate for your child’s best interest.

This will require the Local Authority to consider your individual situation and will vary on a case-by-case basis. Regular mandatory reviews of the accommodation will need to be carried out by the Local Authority as they have a duty to ensure your child is located within the best place for your child’s safety and wellbeing.

A long-term measure of a Section 20 agreement will create stability and assurance for many vulnerable children as they are protected from the potential upheaval of the Court process and possible interference of various professionals during the assessment process.

How can we Help?

As a parent, or someone with parental responsibility, you have the right to seek legal advice and be comprehensively informed by a legal advisor of the details of a Section 20 before the agreement is entered in to.

We appreciate how distressing this situation can be and for this reason, our Care Team at Johnson Astills Solicitors can offer advice, assistance, and representation at all stages of the Local Authority’s involvement including assistance in relation to contact.

Should you require our assistance then please email us at careteam@johnsonastills.com or call us at either our Leicester Office on 0116 255 4855 or our Loughborough Office on 01509 610312 and ask for a member of our Care Team to discuss your options further.