Section 20 accommodation

This page contains information on the local authority’s obligations to provide accommodation for children under the age of 18. It describes how the local authority will assess a child and the types of accommodations that can be provided.

What is Section 20 accommodation? 

Section 20 of the Children Act 1989 requires children’s services to provide accommodation to certain children in need in their area. Section 20 is used to house children who cannot live with their parents. There is no statutory limit on how long a child can be accommodated under s.20.

Children’s services has a duty to accommodate under section 20 if:

• No-one has parental responsibility for the young person or
• The young person is lost or abandoned or
• The person who has been caring for the young person is unable to continue to provide suitable care and accommodation.

Who has to consent to Section 20 accommodation? 

In a 2017 case, the Court of Appeal ruled that there is no express statutory requirement for a local authority to obtain parental consent before applying Section 20. Instead, when a parent "objects," its power to provide care is limited under section 20(7). As a result, failing to obtain informed consent from the start is not a statutory violation in and of itself. Section 20 (7) states that the local authority cannot provide accommodation for a child if someone with parental responsibility objects. In this case, the local authority may seek a court order, or the police may remove the child in an emergency.

However, it is still considered good practise for children’s services to obtain written consent before placing a child in S.20 accommodation in the majority of cases. It is critical that children’s services approach this area of the law in a clear, cooperative, and sensible manner.

What are the duties of the local authority when the child is accommodated under section 20? 

Children accommodated under S.20 are considered ‘looked after’ children. The functions of local authorities in relation to children who are ‘looked after’ by them are set out in the Children Act 1989 and associated regulations and guidance. Specifically in relation to this information page, the principle regulations is the Care Planning, Placement and Case Review Regulations 2010. The guidance which underpins these regulations can be found here. We do have an information page on local authority duties to looked after children which provides further guidance.

It’s important to note that the local authority does not obtain parental responsibility for a child accommodated under section 20.  

Can parents remove the young person from local authority accommodation?

According to Section 20 (8) of the Children Act 1989, any person with parental responsibility for a child may remove the child at any time from accommodation provided by or on behalf of the local authority under this section. There is nothing the local authority can do to stop this unless it believes the young person will suffer significant harm if returned to his or her parents. In that case, the local authority may apply to the court for an interim care order.

Please see our page on ‘Care Orders‘ for further information in this area. 

What will the local authority consider before accommodating a child under Section 20?

The local authority will consider:

• who is making the request
• whether the child is in need
• whether the child in the local authority area
• whether the child needs accommodation and whether that is due to the grounds given above where a duty arises
• the child’s wishes and feelings
• whether any person with parental responsibility objects to the local authority accommodating the young person under section 20. 

When accommodating a young person over the age of 16, the local authority must take into account the young person’s views. 

What are the types of accommodation the local authority may provide?

Family or friends

The young person may be placed with extended family or a family friend by the local authority. This could be a temporary solution to allow the young person to stay with known people and encourage reintegration into the family home.

Foster care

A young person may be placed with a foster carer as part of their family by the local authority. They may live with the foster carer’s own children or with other "looked after" children.

Residential care

This is most common when children stay in groups with other children. The young person will be assigned a key worker who will meet with the young person on a regular basis. There will usually be a team to supervise the children throughout the day and night.

Will parents have to pay if a young person is accommodated by children’s services?

Where accommodation is provided under Section 20 of the Children Act 1989, Schedule 2 requires local authorities to consider whether contributions towards the child’s maintenance should be recovered from any person liable to contribute.

Useful contacts

Shelter is able to provide advice on accommodation and housing: 0808 800 4444