If you are a parent or carer, the idea of your child being taken into care by the local authority is probably one of your greatest fears. This process is supposed to be a last resort, only to be used when there are real concerns about a child’s safety or welfare. The law in England and Wales provides a clear framework for how and when this can happen. One part of that framework is Section 20 of the Children Act 1989.
But recently, there has been growing concern and debate about whether local authorities are actually using Section 20 in the way Parliament intended—or if they are sometimes misusing it, putting children and families at risk of confusion, distress, and even injustice. This article will help you understand what Section 20 is, why it matters, and whether it is sometimes being misused.
What Is Section 20 of the Children Act?
Section 20 is a part of the Children Act 1989—a key piece of law that governs how children should be cared for if they cannot safely remain at home.
In simple terms, Section 20 allows a local authority to provide accommodation for a child with the agreement of the child’s parents or carers. This means that, if there are concerns about a child’s welfare, a local authority can arrange for the child to live elsewhere (for example, with foster carers or with relatives) so long as the parents agree to this arrangement. The arrangement is supposed to be voluntary, not forced.
Unlike care proceedings, which involve going to court to get a Care Order, Section 20 does not require any formal hearing or court order. Parents can withdraw their agreement at any time and ask for their child to come home.
Why Would a Local Authority Use Section 20?
Section 20 is meant to be used in situations where:
- There is an immediate need to keep a child safe or cared for.
- Parents are struggling to provide suitable care, perhaps due to illness, crisis, or other personal problems.
- The local authority wants to avoid the trauma and cost of court proceedings where possible.
- Both the parents and the local authority agree that temporary accommodation is in the best interests of the child.
Ideally, it gives families some breathing space and a chance to work with professionals to resolve any problems before anything more formal or permanent is done.
Where Does Misuse Come In?
Unfortunately, the reality does not always match up to the ideal. In recent years, several court cases and reports have highlighted situations where Section 20 has been used in ways that raise serious concerns.
Lack of Informed Consent
The law is clear that parents must agree voluntarily to Section 20 arrangements. But sometimes, parents are not properly informed about their rights. You might be asked to sign a form or give verbal agreement without being told that:
- You do not have to agree if you do not want to.
- You have the right to say no, or to withdraw your agreement later.
- You can get legal advice before making a decision.
- You should be given information in a language and format you understand.
Some parents feel pressured, confused, or even frightened into agreeing, especially if social workers imply that refusing might make things worse. This is not how Section 20 is supposed to work.
No Time Limit or Clear Plan
Section 20 is often used as a short-term, emergency measure. However, there have been cases where children have been left in care for months or even years under Section 20, with no clear plan for their future. This leaves both children and parents in limbo, not knowing when (or if) they will be reunited.
The courts have warned that this is not acceptable. If a child needs to stay in care for a long time, the local authority should apply to the court for a Care Order, so that everyone’s rights are properly protected and there is proper oversight.
Avoiding Court Scrutiny
Sometimes, it seems that Section 20 is being used to avoid the court process. Care proceedings are expensive, time-consuming, and put local authority decisions under close scrutiny. By keeping children under Section 20, authorities can act without the same level of oversight.
But this risks parents not getting legal advice or a fair chance to challenge decisions. It also means that the child’s situation is not being regularly reviewed by an independent judge.
Potential for Coercion
There are real concerns that parents may be coerced into agreeing to Section 20 accommodation. The power imbalance between local authorities and families can be huge. Sometimes, parents may feel that if they do not agree, the local authority will go to court and take their children away anyway. The courts have stated clearly that “consent” given under pressure is not real consent at all.
What Have the Courts Said?
Senior judges have criticised the misuse of Section 20. In particular, Sir James Munby, former President of the Family Division, has made strong statements about how Section 20 should and should not be used.
He described cases where local authorities delayed making a permanent plan for children as a “misuse of statutory powers” and a “denial of the fundamental rights of both the parent and child”. In some cases, courts have even said that parents and children could be entitled to financial compensation (“damages”) if they have suffered because of misuse of Section 20.
Why Does This Matter?
If you are a parent, carer, or family member, the way Section 20 is used can have a huge impact on your life and the life of your child. Misuse of Section 20 can mean:
- You lose meaningful contact with your child.
- Your child may not have a clear, stable home.
- Important decisions about your family are made without proper legal safeguards.
- You may not have access to legal advice or support.
It is essential to know your rights and to ask questions if you are unsure about what is happening.
What Should Local Authorities Do?
The law and official guidance are clear about what is expected of local authorities when using Section 20:
- Seek genuine, informed consent from parents or anyone else with parental responsibility.
- Make sure consent is voluntary, not given under pressure.
- Provide clear information—explain what Section 20 means, what your rights are, and what your options are.
- Review the arrangement regularly—Section 20 is not supposed to be a long-term solution.
- Move to court proceedings if necessary—if the child cannot return home, the local authority should apply to the court for a Care Order.
- Encourage parents to get legal advice before agreeing.
How Can You Protect Yourself?
If social services are talking to you about Section 20 accommodation, remember:
- You have the right to say no if you do not agree.
- Ask for legal advice—often, you can get this for free under legal aid if you are involved in child protection matters.
- Take your time—do not be rushed or pressured into making a decision you are not comfortable with.
- Ask for everything in writing—get copies of any forms, letters, or documents you are asked to sign.
- Ask questions—make sure you understand what is happening and why.
Can Section 20 Ever Be a Good Thing?
Absolutely. Section 20 can be a helpful, flexible tool for families in crisis. For example, if you are unwell or dealing with a short-term emergency, agreeing to a Section 20 arrangement might give you time to recover and sort things out, while knowing your child is safe and cared for.
When used correctly—with your full, informed agreement and regular review—Section 20 can prevent unnecessary court proceedings and keep families together in the long run. The key is that it must be truly voluntary and in the best interests of the child.
Final Thoughts
Section 20 of the Children Act was designed to offer support, flexibility, and protection to children and families at difficult times. But like any powerful tool, it must be used properly, transparently, and with respect for everyone’s rights.
If you are affected by Section 20 or worried about how it is being used, do not hesitate to seek advice. Many charities, solicitors, and advocacy groups can help you understand your options and make your voice heard.
Remember: You have rights. Your child has rights. And there are professionals out there whose job it is to help you protect them.
