Children Act 1989, section 20

Provision of accommodation for children: general

Part III SUPPORT FOR CHILDREN AND FAMILIES PROVIDED BY LOCAL AUTHORITIES IN ENGLAND

(1)Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of—

(a)there being no person who has parental responsibility for him;

(b)his being lost or having been abandoned; or

(c)the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.

(2)Where a local authority provide accommodation under subsection (1) for a child who is ordinarily resident in the area of another local authority, that other local authority may take over the provision of accommodation for the child within—

(a)three months of being notified in writing that the child is being provided with accommodation; or

(b)such other longer period as may be prescribed[F301 in regulations made by the Secretary of StateF301] .

[F302 (2A) Where a local authority in Wales provide accommodation under section 76(1) of the Social Services and Well-being (Wales) Act 2014 (accommodation for children without parents or who are lost or abandoned etc. ) for a child who is ordinarily resident in the area of a local authority in England, that local authority in England may take over the provision of accommodation for the child within—

(a)three months of being notified in writing that the child is being provided with accommodation; or

(b)such other longer period as may be prescribed in regulations made by the Secretary of State.F302]

(3)Every local authority shall provide accommodation for any child in need within their area who has reached the age of sixteen and whose welfare the authority consider is likely to be seriously prejudiced if they do not provide him with accommodation.

(4)A local authority may provide accommodation for any child within their area (even though a person who has parental responsibility for him is able to provide him with accommodation) if they consider that to do so would safeguard or promote the child’s welfare.

(5)A local authority may provide accommodation for any person who has reached the age of sixteen but is under twenty-one in any community home which takes children who have reached the age of sixteen if they consider that to do so would safeguard or promote his welfare.

(6)Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare—

(a)ascertain the child’s wishes [F303and feelingsF303] regarding the provision of accommodation; and

(b)give due consideration (having regard to his age and understanding) to such wishes [F303and feelingsF303] of the child as they have been able to ascertain.

(7)A local authority may not provide accommodation under this section for any child if any person who—

(a)has parental responsibility for him; and

(b)is willing and able to—

(i)provide accommodation for him; or

(ii)arrange for accommodation to be provided for him,

objects.

(8)Any person who has parental responsibility for a child may at any time remove the child from accommodation provided by or on behalf of the local authority under this section.

(9)Subsections (7) and (8) do not apply while any person—

[F304 (a)who is named in a child arrangements order as a person with whom the child is to live;F304]

[F305 (aa)who is a special guardian of the child; orF305]

(b)who has care of the child by virtue of an order made in the exercise of the High Court’s inherent jurisdiction with respect to children,

agrees to the child being looked after in accommodation provided by or on behalf of the local authority.

(10)Where there is more than one such person as is mentioned in subsection (9), all of them must agree.

(11)Subsections (7) and (8) do not apply where a child who has reached the age of sixteen agrees to being provided with accommodation under this section.

Definitions used in section 20 10

local authority

“local authority” means, in relation to England ..., the council of a county, a metropolitan district, a London Borough or the Common Council of the City of London in relation to Wales, the council of a county or a county borough and, in relation to Scotland, a local authority within the meaning of section 1(2) of the Social Work (Scotland) Act 1968 ;

Defined in s.105(1) · see it in the full Act
child

16 (1) In this Schedule “child” includes, in any case where an application is made under paragraph 2 or 6 in relation to a person who has reached the age of eighteen, that person.

Defined in Sch.1 para.16(1) · see it in the full Act

“child” means, subject to paragraph 16 of Schedule 1, a person under the age of eighteen;

Defined in s.105(1) · see it in the full Act
parental responsibility

“parental responsibility” has the meaning given in section 3;

Defined in s.105(1) · see it in the full Act

(1) In this Act “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.

Defined in s.3(1) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations made under this Act;

Defined in s.105(1) · see it in the full Act
parent

(2) In this Schedule, except paragraphs 2 and 15, “parent” includes—

(a) any party to a marriage (whether or not subsisting) in relation to whom the child concerned is a child of the family, and

(b) any civil partner in a civil partnership (whether or not subsisting) in relation to whom the child concerned is a child of the family;

Defined in Sch.1 para.16(2) · see it in the full Act

21 In this Part of this Schedule “parent” has the same meaning as in the Education Act 1996 . ).

Defined in Sch.3 para.21 · see it in the full Act
community home

“community home” has the meaning given by section 53;

Defined in s.105(1) · see it in the full Act
child arrangements order

"child arrangements order " means an order regulating arrangements relating to any of the following—

(a)

with whom a child is to live, spend time or otherwise have contact, and

(b)

when a child is to live, spend time or otherwise have contact with any person;

Defined in s.8(1) · see it in the full Act

“child arrangements order” has the meaning given by section 8(1);

Defined in s.105(1) · see it in the full Act
special guardian

“special guardian” and “special guardianship order” have the meaning given by section 14A;

Defined in s.105(1) · see it in the full Act
the order

(a) an order under paragraph 1(2)(a) or (b) for the making or securing of periodical payments in favour of more than one child (“the order") is in force;

Defined in Sch.1 para.6(9) · see it in the full Act
the court

(7) For the purposes of this Act “the court” means the High Court or the family court .

Defined in s.92(7) · see it in the full Act

Cases considering section 20 321

HXA v Surrey County Council

[2023] UKSC 52 · 20 December 2023Limits

Consensual accommodation under section 20 is distinct from compulsory intervention. It may create an assumption of responsibility during accommodation and the mechanics of return, but does not itself entail a continuing responsibility to protect a child after return or to commence care proceedings. (see paras [34]-[42], [96]-[100], [107]) The subsection requires accommodation where a child in need requires it for one of the specified reasons. The duty is distinct from the discretionary power in section 20(4) and from compulsory intervention. (see paras [26], [38], [40]) The subsection gives an authority power to accommodate a child where it considers this would safeguard or promote the child’s welfare, even where a person with parental responsibility can provide accommodation. (see paras [26], [38], [40]) The subsection requires the authority, so far as reasonably practicable and consistent with welfare, to ascertain and give due consideration to the child’s wishes and feelings before providing accommodation. (see para [26]) The subsection prevents consensual accommodation where a willing and able person with parental responsibility objects. It confirms the distinction from compulsory intervention. (see paras [26], [35]-[40]) A person with parental responsibility may remove the child from section 20 accommodation at any time. This supported the conclusion that accommodation is consensual and did not create the wider continuing responsibility alleged. (see paras [26], [37], [80], [97])

In the matter of D (A Child)

[2019] UKSC 42 · 26 September 2019Limits

Accommodation under this provision made D a looked-after child and contributed to attribution of responsibility to the state. The provision also forms part of the wider accommodation scheme relevant to construing secure accommodation. (see paras [8]; [43]; [100]) A 16 or 17-year-old may agree to local-authority accommodation despite parental objection. The court considered that the provision might itself depend on capacity and did not resolve the issue before it. (see paras [26]-[27]) Children accommodated under this provision are excluded from section 25 by regulation 5(2)(a) of the secure-accommodation regulations. (see para [94])

Williams and another v London Borough of Hackney

[2018] UKSC 37 · 18 July 2018Limits

The provision creates voluntary accommodation powers and duties, not compulsory powers over parents or children. Its operation depends upon parental responsibility, the circumstances in which accommodation begins and the restrictions in subsections (7)–(11). It contains no fixed duration, but must not be used coercively. (see paras [38]-[52]; [64]) Where the statutory circumstances exist, the local authority has a duty to provide accommodation, subject to subsections (7)–(11). Active parental consent is unnecessary where nobody is caring or offering to care for the child. (see paras [40]-[41]; [54]) The parents were prevented from providing suitable accommodation when police protection expired, so the authority initially had a duty to accommodate the children. That duty remained subject to parental objection and removal rights. (see para [54]) Where more than one person falls within subsection (9), all must agree to the accommodation. (see para [47]) Once an accommodated child reaches 16, a parent cannot object or remove the child if the child agrees to local authority accommodation. (see para [48]) The subsection imposes an additional duty to accommodate a child in need aged 16 or over whose welfare would otherwise be seriously prejudiced. (see para [48]) The subsection empowers an authority to accommodate a child where doing so would safeguard or promote welfare. Accommodation requested by a parent operates as a temporary delegation of parental responsibility and remains subject to subsections (7)–(11). (see paras [41]; [48]) The subsection permits accommodation in a suitable community home for a person aged 16 or over but under 21 where this would safeguard or promote welfare. (see para [48]) The subsection bars accommodation where a person with parental responsibility objects and is willing and able personally to accommodate the child or arrange accommodation. It does not authorise an inquiry into the suitability of that proposal; protective proceedings are required if significant harm is feared. (see paras [42]-[43]) A person with parental responsibility may require an accommodated child’s immediate or timed return without notice. An unequivocal request must be honoured unless lawful compulsory authority is obtained, subject to reasonable immediate protection from physical harm. (see paras [44]-[46]) The subsection qualifies parental objection and removal rights where a person favoured by a specified court order or a special guardian agrees to accommodation. (see para [47])

301 more judgments, and what each says about section 20, are in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F301Words in s. 20(2)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 67(a)
  2. F302S. 20(2A) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 67(b)
  3. F303Words in s. 20(6)(a)(b) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 53(2); S.I. 2005/394, art. 2(1)(g); S.I. 2006/885, art. 2(2)
  4. F304S. 20(9)(a) substituted (22.4.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 2 para. 28; S.I. 2014/889, art. 4(f) (with transitional provisions in S.I. 2014/1042, arts. 3, 4, 6-10) this amendment is subject to savings and/or transitional provisions, see the commentary.
  5. F305S. 20(9)(aa) inserted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 59 (with Sch. 4 paras. 6-8); S.I. 2003/2213, art. 2(o)

Modifications

  1. C20S. 20(8) restricted (30.12.2005) by 2002 c. 38, ss. 30(6), 148 (subject to ss. 31-33) (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(c)

Commencement

  1. I19S. 20 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)