A section 20 agreement is not a court order. It relates to the local authority requesting your consent for your child or children to reside elsewhere, often in foster care, but occasionally with family or friends as well.
Under section 20 of the Children Act 1989, social services are obligated to provide accommodation for specific children in need within their area. Section 20 is employed to house children who are unable to reside with their families.
The local authority have a duty to provide accommodation for any child who needs it as a result of:
a) There being no one with parental responsibility who can provide accommodation
b) Achild being lost or abandoned
c) The person caring for the child cannot provide suitable accommodation or care
The local authority can only remove the child from the care of their parents in certain circ*mstances. The reasons to enter into a section 20 agreement are as follows:
- The local authority is worried about your child’s safety
- If you are currently unable to look after your child
- The local authority is able to meet the needs of your child by providing them with a home
The accommodation is usually a foster care placement or a placement in a children’s home. The local authority has a duty to see if the child can be placed with other relatives or family friends also.
Section 20 agreements should not be obtained unless the parent giving consent has capacity to do so and fully understands the consequences of giving consent and the range of choices available and what may happen if they refuse.
A parent with parental responsibility can refuse to enter into a section 20 agreement. If you do not agree to enter a section 20 agreement it is important to note that the local authority can apply to the court for a care order, which will allow the local authority to share parental responsibility of your child with you whereas, a section 20 agreement does not allow the local authority to share parental responsibility.
A parent can change their mind about a section 20 agreement at any time. If this happens the local authority must return your child to you as soon as possibleor in the alternative may seek an urgent court order if they believe the child to be at risk of harm.
If the local authority has asked you to sign a section 20 agreement to place your child in the care of the local authority, it is vital that you seek legal advice as soon as possible. It is important that you understand what is being asked of you and that you have been given all the relevant information. If you require help, please call Stephensons on 0161 696 6193.
By Nicola Horrocks, paralegal in the family law team
FAQs
A section 20 agreement is a voluntary agreement between the local authority and parents for the child to be placed in the care of the local authority, for example in foster care.
What does section 20 mean? ›
Section 20 of the Children Act 1989 requires children's services to provide accommodation to certain children in need in their area. Section 20 is used to house children who cannot live with their parents. Although Section 20 agreements have no time limit, they should not be used as a long-term solution.
What does section 31 mean? ›
This section provides the key threshold test for making a care or supervision order and makes other provision in connection with the court's powers to make such orders.
What is section 17? ›
Section 17 of the Children Act 1989 states that it is the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need; and so far as it is consistent with that duty, to promote the upbringing of such children by their families.
What is Section 20 local government? ›
Under Section 20, a child may be accommodated by the local authority if they have no parent or are lost or abandoned or where their parents are not able to provide them with suitable accommodation at that time.
What is the contract of expectations? ›
That is, everyone signing the agreement must be doing so in the expectation that if they don't hold up their end of the bargain the other could take it to court to make them comply with the agreement or pay damages for breaching the agreement.
What is Section 31 of the Trustee Act? ›
Trustee power to apply and accumulate income: section 31 of Trustee Act 1925. A practice note explaining that section 31 of the Trustee Act 1925, known as the statutory power of maintenance, gives trustees powers and duties in relation to trust income.
Is Section 31 evil? ›
Type of Villains
Section 31 was the name of an officially nonexistent clandestine organization that claimed to protect the security interests of Starfleet and the Federation. Unlike Starfleet Intelligence it was an extra-legal organization that often committed criminal acts up to and including attempted genocide.
Does Section 31 still exist? ›
There is no cannon source that claims Section 31 was disbanded. While the head of the agency past away, the organization continued on even after the Dominion War.
Is a section 47 serious? ›
A Section 47 Enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm.
A special direction (under section 17 of the Immigration Act 2009) allows exceptions to be given to an “excluded person” who is not eligible for a visa, entry permission, or a visa waiver under section 15 or 16 of the Act.
What is Section 17 specific relief? ›
(1)A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor— (a)who, knowing not to have any title to the property, has contracted to sell or let the property; (b)who, though he entered into the contract believing that he had a good title to the property, cannot ...
What is the penalty for Section 31? ›
-- (1) If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence ...
Is Section 31 necessary? ›
Section 31 allows them to fall back on easy tropes about secrets and conflict, which work great in other settings, but undermine Trek. Writers need to put Section 31 on the shelf for a while and explore other aspects of the universe, aspects that give us the hope we so desperately need today.
Why section 31? ›
22nd century. The organization's title came from the original Starfleet Charter, Article 14, Section 31, which allowed for extraordinary measures to be taken in times of extreme threat.
What is Section 31 in ds9? ›
Section 31 is a clandestine security organization working for the United Federation of Planets and was first introduced in the "Star Trek: Deep Space Nine" episode "Inquisition" (S06, E18).
