A child can stay on a Section 20 agreement indefinitely, as there is no legal time limit. However, it should only be used as a short-term, voluntary arrangement. Social services must not keep a child on Section 20 care for longer than necessary, and parents have the right to withdraw their consent at any time.

What is Section 20?

Section 20 of the Children Act 1989 allows a child to be placed in the care of the local authority with the agreement of the parents. It is a voluntary arrangement, meaning:

• The local authority does not have parental responsibility – parents retain full legal rights.
• Parents must consent – unless the child is over 16 and can decide for themselves.
• There is no court order – unlike a Care Order, which gives the local authority parental responsibility.

How Long Should a Child Stay on Section 20?

• A Section 20 agreement should only last as long as necessary to keep the child safe while social services work with the family.
• It should not be used as a long-term alternative to a Care Order.
• If social services believe the child cannot return home safely, they should apply for a Care Order through the Family Court, rather than keeping them on Section 20 indefinitely.

Warning: Some local authorities have been criticised for leaving children on Section 20 for too long without taking further action. If you feel this is happening, you should seek legal advice immediately.

Can a Parent End a Section 20 Agreement?

Yes, parents can withdraw consent at any time, and the child must be returned unless social services take further legal action.
If social services believe the child is at risk, they may apply to the Family Court for a Care Order.
It is advisable to get legal advice before withdrawing consent, especially if social services disagree with your decision.

How Our Legal Aid Solicitors Can Help

Challenge Delays – If social services are keeping your child on Section 20 for too long, we can challenge their actions.
Ensure You Know Your Rights – We explain your legal position and help you withdraw consent properly if you choose to do so.
Prevent Unfair Care Proceedings – If social services try to apply for a Care Order, we will fight to keep your child at home.
Legal Aid is Available – If your case involves child protection or care proceedings, Legal Aid is automatically available and not means-tested.

Need Help With a Section 20 Agreement?

If your child has been on a Section 20 arrangement for too long, or you are unsure about your rights, contact us today for expert legal advice.