Transparency Project issues guidance on accommodation and s.20 Children Act
A Family Court transparency charity has published guidance for parents and professionals on voluntary accommodation of children by local authorities.
Under section 20 of the Children Act 1989, local authorities may provide accommodation for children who do not have somewhere suitable to live, where their parents consent.
The Transparency Project, which was launched in 2014, noted: “Section 20 is not just about housing, but involves taking a child into the care system by agreement rather than by court order. There is thus no judicial scrutiny of what is happening to the child and no court timetable by when final decisions must be made about the child.
“The use (and misuse) of section 20 accommodation has been the subject of recent significant judicial criticism and media comment. It is clear that problems arise when children ‘drift’ in the care system under section 20 without proper plans being made for their future, or when parents feel they were under pressure to agree to section 20 accommodation without fully understanding the consequences.”
The Transparency Project stressed that the guidance, which relates to children under the age of 16, was for general guidance only and must not be treated as legal advice.
The guidance, which can be downloaded here, covers:
- General explanation: What the guidance applies to; summary of key issues;
- Part 1: Section 20 Accommodation and parental responsibility: what happens if one parent agrees but the other does not? What weight is given to the child’s views?
- Part 2: The responsibilities of the social worker when asking parents to agree to Section 20 accommodation: only people with ‘capacity’ can agree to Section 20 accommodation; parents must have the relevant information; other important considerations for the social worker; examples of situations which are likely to be particularly difficult (Section 20 accommodation for a new born baby, parents who do not have English as their first language); should the parents’ agreement be recorded in writing?
- Part 3: Lawful options for removal of a child: what happens if the parents have agreed to Section 20 accommodation but then change their minds; some considerations about using police powers to remove a child;
- Part 4: Planning for the child’s future;
- Part 5: Section 20 accommodation and ‘schedules of expectations’;
- Part 6: Other issues: Section 22 of the Adoption and Children Act 2002; fostering for adoption placements; review and monitoring of a child’s care plan; making parents pay for Section 20 accommodation? Parents on bail with a condition not to contact their children;
- Part 7: Possible benefits of Section 20;
- Annex 1: Text of Section 20 Children Act 1989;
- Annex 2: Model agreement.
Sarah Phillimore, trustee of the Transparency Project and lead author of the guidance, said: “The issue of ‘parental responsibility’ and who can make decisions for children under section 20 also has the potential to cause serious difficulties as it seems many parents (and some social workers) are not always clear about the impact of section 20 on their ability to exercise parental responsibility for the children.”
More information on the Transparency Project can be found here or via Twitter.
