Section 20 Agreements & Accommodation

Summary

A child or young person can be cared for by the local authority if those with parental responsibility agree to it. This makes the child a ‘looked after’ child under a Section 20 arrangement. A Section 20 agreement can be a temporary solution while waiting for care proceedings, but it shouldn’t be used as a way to start long-term care proceedings when there are serious concerns about harm to the child. More commonly, Section 20 is often used for positive situations to support families (such as through short-term breaks), or when parents can’t care for children and there are no agreed alternative family or friends. A Section 20 agreement is when the local authority asks for a parent's consent for their child to stay somewhere else, like foster care or with family or friends. It’s important to know that a Section 20 agreement is not a court order. Section 20 of the Children Act 1989 requires children’s services to provide a place to stay for certain children who need it. It is used when children can’t live with their parents for various reasons, however, it’s not intended as a long-term solution. Children’s services must provide accommodation under Section 20 if no one has parental.

Key information

• Extended family or a family friend;
• Other looked after children in residential care.
• Who is making the request;
• If they are in the local area;
• The reasons for needing accommodation;
• If anyone with parental responsibility objects.
• The local authority should make sure parents grasp the implications and have access to legal advice from a family law solicitor.
• A child or young person can be cared for by the local authority if those with parental responsibility agree to it. This makes the child a ‘looked after’ child under a Section 20 arrangement.
• A Section 20 agreement can be a temporary solution while waiting for care proceedings, but it shouldn’t be used as a way to start long-term care proceedings when there are serious concerns about harm to the child.
• More commonly, Section 20 is often used for positive situations to support families (such as through short-term breaks), or when parents can’t care for children and there are no agreed alternative family or friends.
• A Section 20 agreement is when the local authority asks for a parent's consent for their child to stay somewhere else, like foster care or with family or friends.
• It’s important to know that a Section 20 agreement is not a court order.

Practical guidance

• Source: Section 20 Agreements & Accommodation

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