Section 20 Accommodation
WHAT DOES SECTION 20 ACCOMMODATION MEAN?
The reason why local authority accommodation is referred to as section 20 accommodation is because under section 20 of the children act 1989 local authority child services should provide accommodation (housing) for children in their authority area who are under the age of 18 years if they are in need, they have nowhere to live or are homeless.
Some of the circumstances under which a child has nowhere to live or could be homeless are:
1. A child who has been abandoned by their birth parents or by the person who has parental responsibility for them.
2. A child who cannot be cared for or accommodated by their parents or by the person who has parental responsibility for them.
3. Child services are of the opinion that a child is at risk or danger if they continue to live with their parents or with the person who has parental responsibility for them.
4. A child whom nobody has parental responsibility for.
LINK TO GOVERNMENT WEBSITE FOR SECTION 20 OF THE CHILDREN ACT 1989
WHAT IS A CHILD REFERRED TO IF LOCAL AUTHORITY CHILD SERVICES PROVIDES ACCOMMODATION FOR THEM?
A child who has been given accommodation by child services is referred to as a looked after child. They used to be referred to as a child in care.
Local authority child services will provide support and guidance for a looked after child.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A LOOKED AFTER CHILD?
WHAT ACCOMODATION CAN LOCAL AUTHORITY CHILD SERVICES OFFER A CHILD?
There are many different types of accommodation child services can provide:
1. Residential care – Child services can place a child in a home where there will be other similar children living under the same roof.
LINK TO OUR L.I.P HELP GUIDE FOR RESIDENTIAL CARE.
2. Foster care – Child services can place a child with a foster carer.
LINK TO OUR L.I.P HELP GUIDE FOR FOSTERING
LINK TO OUR L.I.P HELP GUIDE FOR PRIVATE FOSTERING
3. Kinship care – Child services can help a child find a relative to live with.
LINK TO OUR L.I.P HELP GUIDE FOR KINSHIP CARE
CAN EMERGENCY ACCOMMODATION BE PROVIDED FOR A CHILD IF REQUIRED?
Yes it can if child services agrees. Child services can find a relative, friend or an emergency foster carer for a child to stay.
If a person is aged 16 years of age to 25 years of age they can contact ‘shelter’ for emergency accommodation called nightstop schemes.
HOW DOES CHILD SERVICES ASSESS THE NEEDS OF A CHILD?
Under section 17 of the children act 1989 child services will assess the needs of a child to establish whether they are in need of accommodation, safeguarding, support, protection, help and guidance.
LINK TO GOVERNMENT WEBSITE FOR SECTION 17 OF THE CHILDREN ACT 1989
WHAT DOES THE WORD PLACEMENT MEAN IN TERMS OF SECTION 20 ACCOMODATION AND WHAT MUST THE LOCAL AUTHORITY TAKE INTO CONSIDERATION WHEN ARRANGING A PLACEMENT?
The word placement is used to refer to the process of finding adequate accommodation for a child. To do this the local authority must have the following in mind when arranging a placement for a child:
1) Where possible they must take the child’s wishes into consideration.
2) Where possible the child should participate in the process of the placement.
3) The child should be allowed an advocate to speak on their behalf and express their wishes, needs and wants.
LINK TO OUR L.I.P HELP GUIDE FOR ADVOCATING FOR A LOOKED AFTER CHILD
4) Where possible they must also take into consideration the wishes of the parents, guardian or anyone else with parental responsibility for the child.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY
5) Where possible the child’s religion, ethnic background, racial origin, cultural background and linguistic background should be taken into consideration.
6) Where possible the local authority should place a child with their siblings if possible, or with a relative (within their family) or near their family.
7) The placement should be such that it helps the child’s wellbeing and safeguards them.
8) The local authority must take into consideration the long term needs of the child. A child should not really be moved from one placement to another on a regular basis. This will not give the child stability.
9) There must be little disruption to the child’s education.
10) The child’s medical needs, disabilities and SEN requirements must be taken into consideration and provided for.
11) The child’s placement must be reviewed at regular intervals to see if it is adequate for the child’s needs, does the child need to be moved to another placement, should the placement be ended and the child returned to the family home, does the placement need to be made permanent for the child’s welfare or does another permanent placement need to be found.
WHAT ELSE CAN CHILD SERVICES HELP A CHILD WHO HAS BEEN GIVEN SECTION 20 ACCOMMODATION?
If child services has housed a child under section 20 accommodation then they can also offer the child the following:
- A pathway plan. This plan will include details about what support can be offered with regards to education when a child reaches 18 years of age.
- If the housing offered by child services is unsuitable or doesn’t work out then child services will find new housing for a child.
- Child services will continue to support a child once they are 18 years of age and have to leave social care. Child services will provide support until 21 – 24 years of age and offer priority housing.
DOES CHILD SERVICES GET PARENTAL RESPONSIBILITY FOR A CHILD WHEN THEY HOUSE THEM UNDER SECTION 20 ACCOMMODATION?
No they do not. The parental responsibility stays with the parents or the person with parental responsibility.
Local authority child services will get shared parental responsibility if they are granted a care order for the child from the family court.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS LEGAL PARENTAL RESPONSIBILITY?
WHAT IF A PARENT OR A PERSON WITH PARENTAL RESPONSIBILITY OBJECTS TO THE LOCAL AUTHORITY PROVIDING ACCOMODATION TO THEIR CHILD?
Local authority child services will need the consent of the parents or the person with parental responsibility to provide housing for a child under section 20 of the children act 1989.
For a child aged 16 or 17 years of age, the local authority child services does not need consent from the parents or from the person with parental responsibility if they have been placed in local authority housing under section 20 of the children act 1989.
In some circumstances a parent or a person with parental responsibility can object to the local authority providing housing for their child. They can also remove a child from housing provided by child services.
If a parent or a person with parental responsibility removes a child from housing provided by local authority child services and child services opinion is the child is in danger or at risk then local authority child services can submit an application to the family court asking for a care order.
CAN A PLACEMENT OF A CHILD BECOME PERMANENT?
It is not right for a child to be moved many times between placements. Where it seems that the child cannot be returned home or has no home to return to then a permanent placement must be found for the child. This will give the child security, stability and will help promote their long term welfare. If a permanent placement need to be organised for a child, a few options the local authority have are long term foster care, adoption, special guardianship, and friends and family foster care.
WITH WHICH PERMANENT PLACEMENTS WILL THE LOOKED AFTER CHILD REMAIN A LOOKED AFTER CHILD?
If the looked after child is placed in friends and family foster care and long term foster care which are both permanent placements, the child will remain a looked after child.
CAN THE PLACEMENT OF A CHILD BE ENDED AND WHAT IS THE LOCAL AUTHORITIES RESPONSIBILITY WHEN THIS HAPPENS?
The local authority must review all placements for looked after children. The review will give insight into whether another placement is required, more provisions need to be provided, a permanent placement is required for the welfare of the child or the placement needs to be ended.
If the local authority deems it that a placement should come to an end then they should take into consideration the feelings and views of all those connected with the child’s placement, what further support and assessment is required if any and to ascertain that have the concerns that led to the placement in the first place been dealt with.