A section 20 agreement in the context of family law refers to an agreement made under section 20 of the Children Act 1989.
It refers to a voluntary agreement made between a local authority and a child’s parents (or those with parental responsibility for a child) for that child to be placed in the care of the local authority, for example in foster care, for a short period of time where there are safety or welfare concerns.
If you are being asked to agree to a section 20 notice, it is important to seek specialist legal advice from an experienced childcare proceedings lawyer.
A solicitor specialising in child law matters will ensure you are aware of the legal implications and help you decide whether it is the right step for you and your family.
If you need legal advice about section 20 agreements, get in touch with Langley Wellington. Our friendly solicitors will guide you through what is involved and ensure you are comfortable with the agreement.
We can also advise on the process for withdrawing consent for a section 20.
To find out more, or to speak with one of our specialist child lawyers, call us on 01242 269998 (Cheltenham) or 01452 521286 (Gloucester). Email lawyers@langleywellington.co.uk or click here to make an online enquiry.
In this blog, our Child Law Solicitors answer some frequently asked questions about section 20 agreements.
What is a section 20 agreement?
An agreement made under section 20 of the Children Act 1989 (‘a section 20 agreement’) allows a local authority to place a child in alternative living arrangements, such as with friends or family or foster care, with the consent of the child’s parents or those who have parental responsibility for the child.
It is not a court order and all relevant parties must give consent for a section 20 notice before a child can be accommodated by the local authority.
If someone with parental responsibility refuses a section 20, the local authority cannot lawfully proceed and would have to consider court proceedings if they believe the child cannot safely return home.
In most situations, the local authority initiates a section 20 notice. However, it can also be made at the parents’ request if they feel they are unable to care for their child.
When are section 20 agreements used?
Section 20 agreements are most commonly used in situations when a child’s living arrangements are considered unsafe or there are concerns about a child’s welfare. This may be because, for example:
- A parent is in hospital and there is no one to care for the child.
- A child has been made homeless.
- Parents are unable to manage a child’s needs.
- Social workers raise concerns about the safety or welfare of a child.
- Domestic abuse or another issue makes it unsafe for a child to remain living at home.
Do I have to agree to a section 20?
Section 20 agreements are voluntary and can only be enforced with the informed consent of those with parental responsibility for a child (or that of the child themselves if they are over 16 and have sufficient capacity).
You should always seek independent legal advice from a lawyer specialising in child law before entering into a section 20 agreement so that you fully understand the terms and implications.
If you are considering signing a section 20 agreement, you should understand why the local authority is asking for one, where and with whom your child will be living while not in your care, how long the alternative arrangements will last, contact details during this time and what the plan is for your child’s return.
Section 20 agreements should be made in writing.
What happens if I don’t agree to a section 20 agreement?
If you don’t agree to a section 20 and the local authority believes your child is at risk of significant harm if they are left in your care, they might:
- Apply to the court for an Emergency Protection Order (EPO). This lasts up to eight days (extendable to 15).
- Apply to the court for an Interim Care Order (ICO). This gives the local authority joint parental responsibility while care proceedings are ongoing.
- Request that the police use their powers of protection allowing them to accommodate the child for up to 72 hours (section 46 order).
Can I end a section 20 agreement?
Yes, because it is a voluntary order you can end a section 20 agreement at any time. Once you do, the local authority must return your child to your care unless they obtain a court order stating otherwise.
Solicitors for Section 20 Agreements Gloucestershire
At Langley Wellington, our experienced and compassionate family lawyers advise on all matters to do with children, including providing legal advice on section 20 agreements.
Our team of specialist child lawyers understand the intricacies of family law and provide you with the guidance and support during what can be a dauting and highly emotional time.
Entering into a section 20 agreement is a big step and specialist legal advice is vital.
To find out more about our Family Law services, or to speak with one of our specialist child lawyers in Gloucestershire, call us on 01242 269998 (Cheltenham) or 01452 521286 (Gloucester). Email lawyers@langleywellington.co.uk or click here to make an online enquiry.
This blog is not intended to be taken as advice or acted upon. If you are seeking legal advice, please get in touch with our team of solicitors.
