Voluntary Care Arrangements under Section 20

Course Outline:

Section 20 of the Children Act 1989 gives local authorities in England, in certain circumstances, for providing alternative accommodation for children under the age of 18 who do not have somewhere suitable to live.

Recent case law has given clear guidelines about section 20 consent. In January 2023, The Court of Appeal allowed two appeals concerning the interplay between care orders and the voluntary accommodation of children, under section 20 of the Children Act 1989.

Circumstances defining the threshold criteria have been established and an agreed care plan put in place. In such instances, the court should decline to make an order under section 31 of the Children Act 1989 and instead make no order in accordance with the 'no order' principle. Working with parents and families collaboratively is an essential part of section 20.

Social workers, senior managers, children’s guardians, and legal professionals need to be aware of the consequences of section 20 being misused or abused. These include:

• Applications by parents, or on behalf of the child under the HRA for a declaration of abuse
• Negative media attention with Local Authority’s being publicly criticised and scrutinised
• Damages being awarded against the Local Authority in favour of the parents and/or the child(ren)

Key Learning Outcomes:

• The context and purpose for which section 20 is being considered
• When it is appropriate and inappropriate to employ section 20
• Guidance on the separation of a newborn or young baby from their parents
• Guidance on placements for relinquished babies
• Parental responsibility and section 20
• Social worker's responsibilities
• Relevance of capacity of a parent
• Circumstances where a parent is placed on bail and/ or in custody
• Best practice with unaccompanied minors or asylum seekers
• Length of section 20 and avoiding drift
• Best practice with section 20 agreements
• Other documents associated with a section 20
• Section 20 and court proceedings
• Recent guidance and case law