When a s20 Agreement is Signed, Who Has Parental Responsibility?
When a child is placed in temporary care, there are various legal arrangements that can be made to ensure the child’s welfare is maintained. One of the most common arrangements is the signing of a s20 agreement. But who has parental responsibility when a s20 agreement is signed?
Firstly, let’s define what a s20 agreement is. A s20 agreement, or section 20 agreement, is a voluntary agreement between a local authority and a child’s parent or guardian. It allows the local authority to accommodate the child in a safe place for a temporary period, without the need for a court order. This can be for various reasons, such as if the child is at risk of harm from their current living situation or if their parent or guardian is unable to care for them temporarily.
When a s20 agreement is signed, the parental responsibility for the child remains with the parent or guardian. This means that they still have the right to make decisions about the child’s upbringing, such as their education, healthcare and religion. However, the local authority responsible for the child’s care also has a duty of care to the child and is responsible for making day-to-day decisions about their welfare.
It’s important to note that whilst the local authority has a duty of care to the child, they do not have parental responsibility. This means that they cannot make long-term decisions about the child’s future, such as permanent removal from the care of their parent or guardian, without seeking a court order first.
In summary, when a s20 agreement is signed, the parent or guardian retains parental responsibility for the child. However, the local authority responsible for the child’s care also has a duty of care to the child and is responsible for making day-to-day decisions about their welfare. If there are any disputes or issues that cannot be resolved, either party can seek legal advice and, if necessary, apply for a court order.
