Voluntary care (Section 20 agreement)

Information for parents and carers about the voluntary care of your child

If your local authority is worried that there is a risk to your child that cannot be managed safely at home, we may ask you to give permission to care for your child (or children) on your behalf. Giving consent is known as Section 20 agreement and this is because Section 20 of the Children Act 1989 advises on the next steps.

We understand that agreeing for your child to transfer in to our care can be a very difficult decision. They can be in our care if you have given consent or a Judge has made the decision.

Our aim is for children to remain with their families, unless there are concerns or significant challenges where families need our support.

On this page you will find information to help you on:

Parental responsibility

Consent for a child (or children) to be cared for by us as the local authority, can only be given by those with parental responsibility. This could automatically be the child's mother or the father named on the birth certificate or a couple who married prior to the child's birth. Parental responsibility can also include special guardians or others named in Child Arrangement Orders.

If one parent / carer is absent and cannot be contacted, consent from one parent / carer will be enough, but all efforts will be made to engage with the people who have parental responsibility for the child.

What does this mean for me and my family?

You have a choice in the decision whether to give consent for your child (or children) to be looked after by Herefordshire Council's Children's Services. You will be encouraged to seek your own independent legal advice from a specialist childcare solicitor and your child's social worker will provide you with a list of local solicitors that can assist you.

It's really important that you are fully involved in the discussions and that you and your family fully understand what's happening and why. We will do our best to help you by explaining the process clearly and in a way that you can understand and allow plenty of time for you to ask us questions.

We will put a clear plan in place to keep you and your family fully informed throughout the arrangement and this will include:

  • The reasons why we are looking after your child / children
  • How long this plan will continue for
  • What the plan is hoping to improve for you and your child / children
  • When the plan will be reviewed
  • How you will remain involved with your child / children

With your agreement your child will then become 'looked after' by Herefordshire Council's Children's Services and there are some legal steps which will need to happen at this point. You will remain their parent / carer and you will be involved in making important decisions on their behalf. Some everyday decisions will be made by the council or be delegated to the foster carer or their placement under delegated authority. This ensures that they can care for your child in a safe environment and make everyday decisions on their behalf. The details of this will be shared with you on a form that you will be asked to review and sign if you agree. You can object to some of the decisions included in the list should you wish to.

When a child becomes 'looked after' by us, there will be regular reviews which will be chaired by an Independent Reviewing Officer (IRO). The aim of these reviews is to ensure that everyone does what they are supposed to for the welfare of your child. They will arrange meetings with you before your child has been 'looked after' for 20 days, 3 months, then 6 months if applicable.

We will support you and your child / children to work towards the best outcomes for you all. Plus, we will also organise regular family time to make sure you remain in contact with your child / children.

Your rights as a parent / carer

Giving consent for your child to be 'looked after' by your local authority under a Section 20 agreement does not remove your parental responsibility. You will retain your rights as a parent / carer and we will actively involve you in ongoing decisions and choices for your child.

It's important that you read all of the paperwork involved in a Section 20 agreement and discuss your thoughts and feelings with your child's social worker, and your advocate and solicitor, to ensure that you understand and agree with the decision for your child to be in our care before you sign the forms.

Withdrawing consent

You can withdraw your consent at any time by communicating to Herefordshire Council's Children's Services that you wish to end the Section 20 agreement. By law we cannot ignore your request as you retain parental responsibility for your child. However, if there are concerns that your child will not be safe in your care, we may need to seek to protect your child by making a legal application to the courts to ensure they are being looked after in a safe environment.

What happens next?

Once you have agreed for your child to be 'looked after' by us the agreement will be followed by several key actions. A placement plan and care plan will be put in place and a medical consent form will need to be signed.

To return your child (children) home safely we may need to take the following actions:

  • Undertake further assessments to explore what's happening in your life
  • We will explain any concerns we may have and how we will support you to address them
  • Assess any family or friends who offer to care to your child
  • If there is a need, we will provide specialist family support to support positive change
  • We will request that you engage in treatment or specialised support if you have alcohol or substance addictions
  • We will make an application to the family court to care for your child as per the signed Section 20 agreement

If we reach a stage during the agreement where we have no further concerns, your child can be returned to your care. However, if we still have concerns and you chose to withdraw consent for us to look after your child / children, then we may need to ask a Judge to make a decision on your child's care. We cannot continue to look after your child without this action and if this happens we will advise you to seek legal advice.

You would be notified before the application is submitted to the courts and you will be provided with a list of family law solicitors to contact to get legal representation. The Police may also use their powers of protection for up to 72 hours if they think this is necessary.

Attending meetings

If you are invited to attend a meeting with us you can bring your child (or children) along with you. They are welcome to bring along their favourite toy, a hand held computer game or mobile phone to keep them occupied during the meeting.

Providing accommodation for your child

Details about the suitable types of accommodation for your child will be explained to you by your social worker. We will explore whether there are any family or friends who could offer your child / children suitable accommodation. Our aim will be to place your child in a safe environment with someone they know and trust.

Each person who holds parental responsibility must agree to the decision to place your child in suitable accommodation, unless they cannot be contacted or the placement is an emergency. If one parent is not in agreement and can provide care, a child cannot be looked after without a Judge agreeing. If your child is under the age of 16 years old, you have the right to refuse the accommodation if you feel it's not suitable. If your child is over 16, they will also need to consent to the accommodation type.

Types of accommodation

Friends and family

Our preferred option will be to place your child with a family member or friends. This option will be explored first and we will carry out an assessment of their suitability to care for your child (or children).

Foster care

We may place your child with foster carers, who will have had a full assessment to make sure that they can provide suitable care and a safe home environment for your child. If this is the most suitable option it may mean that your child will live alongside the foster carer's own child / children or with other children who are also being looked after by Herefordshire Council's Children's Services.

Residential care

We may place your child in a residential setting with other children / young people who are cared for by staff. They will be allocated their own key worker that will oversee their care during their time in the accommodation.

Your child's wishes

We aim to be open and honest throughout our contact with you and your child. Your child will be asked for their views, wishes and feelings. These are important to us and will be taken into account and impact on any of the decisions we make.

Can I disagree with a decision regarding accommodation?

Yes. Accommodation can only be provided for your child if you agree to it and your consent can be withdrawn at any time.

Useful contacts

  • Family Rights Group Support A national charity that advises parents, grandparents, relatives and friends about their rights and options when social workers or Court make decisions about their children's welfare. Telephone: 08088010366 or email office@frg.org.uk
  • Civil Legal Advice Free and confidential advice service run on behalf of the government, providing information directly to the public on a range of common legal issues, helps people to find out if they are eligible for free legal advice from a solicitor and helps them to find a solicitor.
  • Citizens Advice Independent organisation providing free, confidential and impartial advice.

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