Section 20 Accommodation: Complete Guide for UK Social Workers

What is Section 20?

Section 20 of the Children Act 1989 allows local authorities to provide accommodation for children "in need" with the consent of those with parental responsibility. Unlike care orders, Section 20 is a voluntary arrangement—parents retain full parental responsibility and can remove their child at any time.

Section 20 is an important and legitimate tool for supporting families, but its misuse has been heavily criticised by the courts. Understanding when and how to use it correctly is essential.

When Section 20 Is Appropriate

The Legal Criteria

Section 20(1) states that a local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of:

• There being no person who has parental responsibility for them
• Their being lost or having been abandoned
• The person who has been caring for them being prevented (whether or not permanently, and for whatever reason) from providing them with suitable accommodation or care

Appropriate Uses

• Parent hospitalised and no other family available
• Family crisis where temporary respite is needed
• Young person in conflict with family needing time apart
• Parent asking for help with a child with complex needs
• Short-term support during assessment

Consent Requirements

Who Must Consent

• Every person with parental responsibility for the child
• If the child is 16 or over, the child can consent themselves

Informed Consent

Consent must be:

• Voluntary: Given freely without pressure or coercion
• Informed: The person understands what they are agreeing to
• With capacity: The person has the mental capacity to consent

What Parents Must Understand

• Accommodation is voluntary
• They can remove the child at any time
• They retain full parental responsibility
• What the care arrangements will be
• Their right to legal advice
• What the plan is and how long accommodation might last

The Right to Remove

Section 20(8) is clear: any person with parental responsibility who objects to accommodation can remove the child. This right cannot be waived or contracted away.

If you believe the child would be at risk if removed, you must:

• Seek an Emergency Protection Order, or
• Issue care proceedings, or
• Invoke police powers of protection

You cannot use Section 20 to prevent a parent exercising their legal right to remove their child.

Misuse of Section 20

Courts have been highly critical of Section 20 misuse. Common problems include:

Coerced Consent

Parents feeling they have no choice, being told they "must" agree, or being threatened with court if they don't sign. This is not valid consent.

Long-Term Use Without Review

Section 20 used for months or years without proper planning or consideration of permanence. This creates drift and uncertainty for children.

Using Section 20 Instead of Court

If you believe threshold for care proceedings is met, and you need to protect the child regardless of parental consent, you should be in court—not using Section 20.

Inadequate Information

Parents not being told about their rights, not understanding what they're signing, or not being offered legal advice.

Good Practice

Before Seeking Consent

• Be clear about why accommodation is being proposed
• Consider whether this is genuinely voluntary or whether court orders are needed
• Prepare clear information for parents
• Advise parents of their right to legal advice

Obtaining Consent

• Use a proper written consent form
• Explain all the key points clearly
• Give parents time to consider and take advice
• Do not pressure or coerce
• Record the discussion

During Accommodation

• Review the arrangement regularly
• Maintain a clear plan with timescales
• Involve parents in decision-making
• Keep consent under review—is it still voluntary?
• Consider whether court orders are needed

Timescales

There is no legal time limit on Section 20 accommodation, but good practice requires:

• Clear planning from the start
• Regular reviews (at least every 6 weeks)
• Consideration of permanence if returning home isn't possible
• Avoiding drift through timely decision-making

If accommodation is likely to continue long-term and there are safeguarding concerns, care proceedings should usually be considered.

Section 20 and Court Proceedings

Converting to Care Proceedings

If the situation changes and you believe court orders are needed, you can issue care proceedings. The child can remain accommodated under Section 20 until the first hearing, when interim orders can be made.

Parent Requests Return During Proceedings

If proceedings are issued, parents can still request the child's return if there's no court order preventing it. This is why seeking an interim care order at the first hearing is important if you believe the child would be at risk.

Recording Section 20

What to Record

• The reasons for accommodation
• Who consented (all with PR)
• What information was provided
• That legal advice was offered
• The parent's understanding of their rights
• The plan and expected timescale
• Ongoing reviews of consent and the arrangement

Conclusion

Section 20 is a valuable service for families who need temporary support with caring for their children. When used appropriately, it can prevent the need for court intervention and help families through difficult times. But it must be used correctly—with genuine informed consent, clear planning, and honest assessment of whether it remains appropriate. If you need to protect a child from their parents, you need a court order, not Section 20.