Section 20 Agreements
Legal advice if social services have asked you to agree to your child being placed outside your care under Section 20.
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Section 20 Agreements
If social services (now known as children’s services) have asked you to sign a section 20 agreement, you may feel pressured or unsure about what to do next. This is a significant decision, and you should understand your rights before agreeing to any temporary arrangements for your child.
You shouldn’t be rushed into signing anything you don’t understand. A section 20 agreement can have serious consequences if it continues for longer than expected, or if it is agreed without clear advice about your rights.
Get support by calling us on 0330 460 0000 to speak to our child care solicitors in confidence. Legal aid may be available where eligible and we can advise you before you decide whether to sign.
What Is a Section 20 Agreement?
A Section 20 agreement is a voluntary arrangement under the Children Act 1989 that allows social services to accommodate your child temporarily if there are concerns about their welfare or you are temporarily unable to care for them. You have the right to refuse it and withdraw your consent at any time.
If you have been asked to agree to section 20 and are unsure whether you have a choice, our companion page on do I have to sign a section 20 agreement explains this question in more detail.
What Does Signing a Section 20 Mean for My Child?
Signing a section 20 agreement usually means your child will live away from your care for a period of time. This may be with foster carers, a family member, a family friend or another placement agreed or arranged by the local authority. However, a section 20 agreement doesn’t give social services parental responsibility. You remain your child’s parent and should still be consulted about important decisions affecting their welfare, education, health and future care.
The agreement should explain:
- Where your child will live
- Why social services believe accommodation is needed
- How long the arrangement is expected to last
- What contact you will have with your child
- What assessments or support will be put in place
- When the arrangement will be reviewed
- What needs to happen for your child to return home
A child placed under section 20 becomes a looked after child. This means social services must prepare a care plan, arrange looked after child reviews and keep the placement under regular review. These reviews should look at how your child is doing, whether the placement is still needed, what contact is taking place and what the longer term plan should be.
In theory, section 20 is a temporary arrangement though in practice, some section 20 arrangements continue for months or even longer if they are not challenged or brought back under proper review.
This can create real problems for parents. What starts as a short term arrangement can gradually become the normal position. The longer your child remains away from home, the more important it is to understand the plan, the evidence being relied upon, how reviews are being used and what steps are.
If you are unsure about the terms of a section 20 agreement or how long it should continue, speak to our child care solicitors today. We can explain your rights and help you understand the next steps.
Section 20 Agreements
Yes. A section 20 agreement is legally voluntary. You have the right to refuse to sign a section 20 agreement and the right to legal advice before making a decision but many parents sign section 20 agreements at a time when they’re distressed, exhausted or confused about what the agreement really means.
Social services may explain their concerns, request your agreement and outline the action they’re considering if they believe your child is at risk but they cannot force you to sign a section 20 agreement.
If social services believe your child cannot safely remain at home and you don’t consent to section 20 voluntary accommodation, they may decide to apply to the Family Court. Here, a judge would then consider the evidence and decide whether an order should be made.
This is why legal advice matters: care order solicitors like ours, can provide you with the understanding and support you need to make informed decisions as to what you’re potentially signing and where you stand. If your case is already in the formal stage before court, you may also need pre-proceedings legal advice.
What Are the Risks of Signing a Section 20?
While a Section 20 agreement may be presented as a short-term or voluntary measure, there are significant risks that parents should be aware of before signing.
One of the most common concerns is that the arrangement can become indefinite. Without actively challenging the agreement or seeking its end, children can remain accommodated for far longer than parents initially anticipate, with no automatic review or time limit imposed on the local authority.
Alongside this, parents can gradually lose influence over decisions affecting their child. Although parental responsibility is not removed under a Section 20, social services take on the day-to-day care of the child, and parents may find that their involvement diminishes over time in practice, even if it remains intact in law.
There is also a risk that social services may use the arrangement as a stepping stone toward more formal intervention. If concerns about a child’s welfare persist or grow during the period of accommodation, the local authority may use that time to build a case and subsequently apply for a care order, meaning what began as a voluntary agreement could lead to contested court proceedings.
Perhaps most importantly, parents who sign a Section 20 without first seeking legal advice frequently regret doing so. Understanding what you are agreeing to, what rights you retain, and what options are available to you is essential before putting your signature to anything.
What Is the Difference Between a Section 20 Agreement and a Care Order?
A section 20 agreement is voluntary. A care order is made by the court.
This is a fundamental distinction, and understanding it can make a significant difference to how you respond if social services become involved with your family.
Under a Section 20 agreement, social services accommodate your child with your consent. They do not take over parental responsibility, and you retain the right to refuse the arrangement or withdraw your consent at any time, though it is important to take legal advice before doing so.
A care order is an entirely different matter. If the Family Court grants a care order, the local authority shares parental responsibility with you as the parent. This gives social services the legal authority to make significant decisions about where your child lives and how they are cared for, regardless of your wishes.
| Key characteristic | Section 20 agreement | Care order |
|---|---|---|
| How it starts | By voluntary agreement | By court order |
| Parental responsibility | Social services do not gain parental responsibility | The local authority shares parental responsibility |
| Court involvement | No court order is needed for the agreement itself | The Family Court must make the order |
| Duration | Intended to be temporary, but can continue if not challenged | Can last until the child turns 18 unless discharged earlier |
| How it ends | You can withdraw consent | The court must discharge or change the order |
At National Legal Service, we understand how frightening it can be when social services become involved with your family. Our specialist solicitors are here to make sure you understand your rights, help you make informed decisions, and provide clear, practical advice at every stage of the process.
Can I Withdraw My Consent to a Section 20 Agreement?
Yes. If you have parental responsibility, you have the right to withdraw your consent to a Section 20 agreement at any time. This should be done in writing so that there is a clear record of your decision.
If social services are satisfied that your child can safely return home, the arrangement can come to an end. If they have concerns about your child’s welfare, they may apply to start care proceedings.
Withdrawing consent is your right. It does not mean you are doing something wrong. However, you should get legal advice before taking this step so you understand how social services may respond and what evidence may be needed.
If you have already signed a section 20 agreement and are unsure what to do next, speak to our child protection solicitors for urgent advice.
Should I Get Legal Advice Before Signing a Section 20?
Yes. It is important to get legal advice before signing a Section 20 agreement so that you fully understand what you are agreeing to and what it could mean for your child. This is particularly important if you feel under pressure to agree, if your child is already living away from home, or if social services have said they may apply to court.
Legal advice can help you understand whether a Section 20 is appropriate in your situation, whether you are in a position to refuse, what your rights are as a parent, how contact with your child should be arranged, how long the arrangement should last, how to withdraw consent if needed, and whether legal aid is available to you.
Legal aid may be available for Section 20 advice where you are eligible, particularly where social services are involved in child protection, pre-proceedings, or care proceedings.
National Legal Service is one of the largest legal aid providers for care cases in England. We regularly advise parents at every stage of the process, whether social services are asking for Section 20 consent, a child has already been accommodated, or the local authority is considering court proceedings.
Call 0330 460 0000 to speak to one of our child care solicitors in confidence, or read more about legal aid for Section 20 advice.
How National Legal Service Can Help
National Legal Service advises and represents parents in child protection matters, pre-proceedings and care proceedings across England and Wales.
If you have been asked to sign a section 20 agreement, we can help you understand what social services are asking you to agree to, whether you have to sign and what the consequences may be for your family.
We can also advise if you have already signed and want to know whether you can withdraw consent, ask for your child to return home or challenge how long the arrangement has continued.
You do not have to deal with this alone. Early advice can help you respond clearly, understand your rights and make informed decisions at a difficult time.
Call 0330 460 0000 to speak to our child care solicitors in confidence.
Frequently Asked Questions
- Is a Section 20 Agreement Voluntary?
Yes. A section 20 agreement is voluntary. If you have parental responsibility, you can refuse to agree to your child being accommodated under section 20 and you can withdraw your consent at any time.
If social services believe your child cannot safely remain at home, they may apply to the Family Court. A judge would then decide whether a court order should be made.
- What Is the Difference Between a Section 20 and a Care Order?
A section 20 agreement is voluntary and does not give social services parental responsibility.
A care order is made by the Family Court and gives the local authority shared parental responsibility. This gives social services much greater legal power over decisions about your child’s care.
- Can I Withdraw My Consent to a Section 20?
Yes. If you have parental responsibility, you can withdraw consent to a section 20 agreement.
You should usually do this in writing and seek legal advice first. If social services disagree with your child returning home, they may apply to court.
- Do I Need a Solicitor for a Section 20 Agreement?
Yes, you should get legal advice before signing a section 20 agreement.
A solicitor can explain your rights, review the agreement, advise whether you should sign and help you understand what may happen next. Legal aid may be available where eligible.
- Can Social Services Force Me to Sign a Section 20 Agreement?
No. Social services cannot force you to sign a section 20 agreement.
They can explain their concerns and ask for your consent. If you do not agree and they believe your child is at risk, they may need to apply to the Family Court for an order.
- How Long Can Section 20 Last?
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
- What Happens When Section 20 Ends?
When section 20 ends, your child may return home, move to another family arrangement or become the subject of court proceedings.
The next step depends on the evidence, the assessments and whether social services believe your child can safely return to your care.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
- What Should I Do If I Have Already Signed a Section 20 Agreement?
Get legal advice as soon as possible. You may still have the right to withdraw your consent and ask for your child to return home.
A solicitor can help you understand the current plan, what social services are saying and whether the arrangement should continue.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
- How Long Can a Child Be Placed Under Section 20?
There is no single fixed time limit for every section 20 arrangement. However, section 20 should not be allowed to drift without proper review, clear reasons and a plan for what happens next.
Your child should not remain accommodated for weeks or months without you understanding why, what assessments are taking place and what the long term plan is.
If your child has been placed under section 20 and you feel the arrangement has gone on for too long, legal advice can help you ask the right questions and challenge delay where appropriate.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
- What Happens When Section 20 Ends?
When section 20 ends, your child may return home, move to another family arrangement or become the subject of court proceedings if social services believe there are continuing risks.
Possible outcomes include:
- Your child returns to your care
● A family member or connected person cares for your child
● A support plan is put in place
● The case moves into pre-proceedings
● Social services apply to court for a care order or supervision order
The outcome will depend on the evidence, the assessments and whether social services believe your child can safely return home.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
There is no single fixed time limit, but a section 20 arrangement should not continue without clear reasons, reviews and a plan.
If your child has been accommodated for longer than expected, you should seek legal advice about your options.
- Your child returns to your care
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