The law in relation to a child being removed from the care of their parents and being looked after by the local authority is complex. A parent may struggle to provide their child with suitable care and accommodation for many reasons. One answer may be for the local authority to accommodate a child under section 20 of the Children Act 1989.

What is S20?

Section 20 places a duty on the local authority to provide accommodation for any child in need who needs it for certain, specified reasons. These reasons include the child being lost or abandoned, there being nobody who has parental responsibility for the child, or if the person caring for them is prevented from providing them with suitable accommodation or care. This last point is important because it is not just about a parent’s ability to put a roof over their child’s head – if there are concerns about the quality of care a child is receiving, S20 can be invoked. A child who is accommodated by the local authority is often referred to as a “looked after” child.

Where will a child live if they are accommodated under S20?

If a child is accommodated under S20 then the local authority is required to make arrangements for the child to live either with another parent, someone else who has parental responsibility for them, or a relative or friend as long as this is consistent with the child’s welfare. If there is nobody suitable who can care for the child then they may be placed with a foster carer.

What contact will a child accommodated under S20 have with their parents?

The local authority has a duty to promote contact between a looked after child and their parents unless this is not consistent with the child’s welfare. If the local authority has concerns about a child’s safety in the care of their parents then contact may need to be supervised. This can be done either by professionals or by family members if they are considered safe and able to protect the child.

Is there a time limit on how long a child can be accommodated under S20?

There is no limit to how long a child can be accommodated under S20. However, it would generally not be in the best interests of a child to be accommodated indefinitely and the local authority will want to make long term plans for where the child should live. There should also be regular “looked after child reviews” to help with long term planning for the child.

Does S20 Accommodation allow the local authority to make decisions about my child?

The local authority does not gain parental responsibility for a looked after child. They have a duty to promote the child’s health and education while they are in their care, but the child’s parents should remain fully involved in all key decisions about the child.

Can I remove my child from S20 accommodation?

Section 20 accommodation is entirely voluntary. If more than one person has parental responsibility for a child then they must all agree for the child to be accommodated. They can also change their mind at any time and remove their child from local authority care without notice (though it is wise to take legal advice before doing this).

What happens if I remove my child from S20 accommodation?

This depends on the reasons why the child was looked after by the local authority. If there are concerns about the child’s safety and welfare if they were to return home, then it is likely the local authority would apply to court for a Care Order. This gives the local authority parental responsibility for the child and means that decisions about where the child should live will be made by the court.

Although S20 accommodation is voluntary, many parents feel that they have no choice but to agree to their child being looked after due to the threat of court proceedings. There are also cases where a child can remain in voluntary accommodation while wider court proceedings are ongoing. The suitability of Section 20 accommodation depends on the individual circumstances relating to the child, the family and the nature of any concerns.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.