Under section 20 Children Act 1989, social services must provide accommodation to certain “children in need” in their area. Section 20 is used to accommodate children who cannot live with their families.
Under this law, social services must accommodate a child in need who needs accommodation as a result of: there being no person who has Parental Responsibility for them; 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.
In addition, social services must accommodate a child in need whose welfare is likely to be seriously prejudiced if they do not provide them with accommodation.
In advance of the child becoming accommodated, agreement must be obtained from those with Parental Responsibility for the child, which may include consent for the local authority to arrange surgical, medical and dental procedures or treatments for the child.
The local authority must consider, where possible, the wishes and feelings of the child, their parents or any person with Parental Responsibility, before providing accommodation.
Jonathan manages our excellent Childcare Law team who work closely with families in crisis to achieve the best outcome for children.
Director & Head of Childcare Law