Section 20 of the Children Act 1989 is a voluntary agreement where a child can be placed in the care of the local authority with the consent of the parents. It is used when a child cannot stay at home temporarily, but there is no court order involved, meaning parents retain full parental responsibility.

Section 20 is designed to be a short-term, voluntary arrangement, allowing social services to support families without immediately starting care proceedings. However, parents must be fully informed of their rights before agreeing to it.

Key Points About Section 20

Voluntary Agreement – Parents must consent unless the child is over 16 and can make the decision themselves.
No Court Order – Unlike a Care Order, social services do not gain parental responsibility.
Temporary Arrangement – It should only last as long as necessary while support is put in place or assessments are completed.
Parents Can Withdraw Consent – If a parent decides they want their child to return home, they can end the agreement at any time, unless social services apply to court.

When is Section 20 Used?

A Section 20 agreement may be suggested by social services if:

• Parents are struggling to care for their child due to illness, crisis, or housing issues.
• There are concerns about neglect or harm, but removal is not urgent.
• A parent needs a temporary break (e.g., due to mental health difficulties).
• Social services need time to assess the situation before deciding on further action.

Warning: Social services should not pressure parents into signing a Section 20 agreement or use it as a way to keep a child in care for too long without applying for a Care Order.

Can Parents End a Section 20 Agreement?

Yes, parents can withdraw their consent at any time by informing social services in writing.

If social services believe the child is at risk, they may apply for a Care Order to prevent the child from returning home.

Parents should seek legal advice before withdrawing consent, especially if social services disagree with their decision.

How Our Legal Aid Solicitors Can Help

Ensure You Know Your Rights – We make sure you understand the implications of a Section 20 agreement before signing.

Challenge Delays – If your child has been on Section 20 for too long, we can push social services to make a decision.

Help You End the Agreement – If you want your child to return home, we will guide you through the process.

Prevent Unnecessary Care Proceedings – If social services try to apply for a Care Order, we will fight for your parental rights.

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 social services have asked you to sign a Section 20 agreement, or your child has been in voluntary care for too long, contact us today for expert legal advice.