If social services (now known as children’s services) have asked you to agree to your child living elsewhere under a Section 20 agreement, it’s natural to feel anxious, confused or under pressure. Many parents immediately worry about what this means in legal terms and whether they have any real choice in the matter.
Many parents ask the same questions:
- Do I have to sign a Section 20 agreement?
- Can social services remove my child if I say no?
- Am I losing my parental rights?
These are the kind of questions often raised at a time of heightened concern, which can make it difficult to take in information clearly but the short answer is that you have more rights than you may realise.
What Is a Section 20 Agreement?
Section 20 of the Children Act 1989 allows a local authority to provide accommodation for a child with the parents’ consent. In practical terms, the word “accommodated” means the child lives somewhere arranged by social services, which may be with a family member who has been assessed and approved or foster carers.
Importantly, a Section 20 agreement isn’t a court order and no judge is involved at this stage. The arrangement is based entirely on parental consent rather than a decision made by the court, and it sits outside the formal care proceedings process. Section 20 is sometimes used in urgent situations and can also be used while longer‑term plans are discussed.
Because it’s voluntary, entering into a Section 20 agreement doesn’t in itself mean that care proceedings have started. In some cases the local authority may later decide that if a court application is necessary or not, but that would be a separate legal step which requires judicial oversight.
Do I Have to Sign It?
A Section 20 agreement is a voluntary arrangement. The local authority cannot compel you to sign it; it is simply a request, and your consent must be informed and given freely. This means you should understand what the agreement involves, how it affects your child’s living arrangements and what the next steps may be before you decide whether to agree.
If you are asking yourself “do I have to sign a Section 20 agreement?” then legally, the answer is no – you can’t be compelled to do so. Consent under Section 20 must be genuine and not obtained through pressure or misunderstanding.
If, for whatever reason, you want to withdraw your consent at a later stage, you retain the right to do so. If you no longer agree to your child being accommodated, you can notify the local authority that you’re withdrawing the agreement. The local authority would then need to consider its position in light of any ongoing safeguarding concerns.
If the local authority believes that the risk to the child remains significant, it may decide to apply to the court for an order, such as an interim care order. At that stage, a judge would review the evidence and decide what arrangements are necessary.
The decision whether to agree to Section 20 must not be based on fear or pressure. It should be based on a clear understanding of your rights, the local authority’s concerns as well as the possible legal steps that may follow.
What Does Signing a Section 20 Agreement Mean in Practice?
If you decide to sign a Section 20 agreement, your child will live in a placement arranged by the local authority. This may be with a family member who has been assessed and approved, or in foster care. The arrangement can be short term or continue for a longer period, depending on the circumstances and the local authority’s ongoing assessment.
Signing a Section 20 agreement does not remove your parental responsibility. Parental responsibility refers to the legal rights, duties and authority you have in relation to your child and you remain your child’s parent in law.
While your child is accommodated, the local authority will share responsibility for aspects of their care. Day‑to‑day decisions are usually made by the foster carer or the family member caring for the child, including routine matters such as school attendance and daily routines. More significant decisions about your child’s welfare should involve you, particularly where they relate to education, health or long‑term planning. The Local Authority still have a duty to keep you informed
It’s important to remember that signing does not mean you’ve given up your rights. It means you have agreed to your child living elsewhere under local authority arrangements for the time being.
What If I Feel Pressured to Agree?
Parents are sometimes presented with a Section 20 agreement at a time of crisis, particularly where social services describe the situation as urgent. Though in those circumstances it can feel difficult to pause and consider the implications, consent must be properly informed and freely given. You’re entitled to take time to think about the proposal and to ask questions as well as to seek legal advice before signing.
Legal aid is often available for parents in care proceedings and may also be available where proceedings are being considered. Eligibility depends on the circumstances and evidence required, and a solicitor can advise you on this.
If you decide not to agree and the local authority believes that the risk to your child remains significant, it may apply to the family court for an order such as an interim care order. A judge would then consider the evidence and decide whether the legal test for making an order is satisfied.
Refusing to sign doesn’t automatically commence court action and signing doesn’t automatically mean that care proceedings will not follow. Each decision depends on the local authority’s assessment of risk and the available evidence. The important point is that any agreement you give should be the result of a clear and informed decision rather than pressure
When Should I Speak to a Care Solicitor?
You should consider speaking to a care solicitor:
- Before signing a Section 20 agreement
- If you’re unsure what you are being asked to agree to
- If the local authority says your child needs to leave home urgently
- If you are worried that care proceedings may be issued
If you’re asking yourself, can social services remove my child, it’s especially important to get advice promptly. Removal without parental consent usually requires a court order, such as an interim care order, or the use of emergency police powers. Understanding which legal framework applies to your situation can help you respond appropriately.
A solicitor can explain how Section 20 fits within the wider child protection process in further detail and can also advise you on the threshold the court must consider if an application for an interim care order is made. You can find further information on our Pre‑Proceedings page and our Care Proceedings Solicitors page. Speaking to a specialist care solicitor at an early stage can provide clarity about your position and the next procedural steps.
Our experienced care solicitors at National Legal Service provide calm, clear advice to parents facing urgent child protection decisions.
If you have been asked to sign a Section 20 agreement, contact us as soon as possible so we can help you understand your rights and make an informed decision.
Information is for general guidance in England and Wales and is not a substitute for legal advice.
