Section 20 accommodation — "voluntary" accommodation by children's services

Section 20 of the Children Act 1989 lets a local authority provide accommodation for a child without a court order, when the person caring for them cannot. It is often called "voluntary accommodation" — but parents need to understand exactly what they are agreeing (or not agreeing) to.

REVIEWED BY: Sean McNamara on 2026-09-01

What section 20 is

Children's services have a duty to provide accommodation under section 20 where:

no one has parental responsibility for the child;
the child is lost or abandoned; or
the person who has been caring for the child is prevented (permanently or not) from providing suitable accommodation or care — for example, through illness, a crisis, or a hospital admission.

A child accommodated under s20 becomes a "looked after" child — but the local authority does not share parental responsibility. This is the key difference from a care order.

The most important things to know

It must be genuinely voluntary. The Supreme Court in Williams v Hackney LBC [2018] UKSC 37 made clear that a parent is simply delegating parental responsibility for the time being, and no local authority has power to remove a child from a parent who is looking after the child and wants to continue doing so — that needs a court order.
You can remove your child at any time. Anyone with parental responsibility may remove the child from s20 accommodation at any time (s20(8)) — though the right to object/remove can be restricted where an existing court order (e.g. a lives-with order or special guardianship order) says otherwise (s20(9)).
The local authority cannot keep the child if a parent with PR objects and can arrange care (s20(7)) — for instance if you place the child with a family member.
There is no statutory time limit — but Re S and Re W [2023] EWCA Civ 1 and earlier guidance confirm s20 must not be used as a substitute for care proceedings: if the state wants to intervene compulsorily, it must go to court.
Consent should be informed. Public Law Working Group guidance (March 2021) sets out best practice: written, informed agreement, with the parent told of their right to remove the child and to get legal advice. If you were pressured or did not understand, that consent may be legally flawed.
Foster for adoption under s20 is inappropriate — official policy is that children should not be placed in "foster for adoption" under s20 without care proceedings or formal, independently witnessed consent.

What this means in practice for parents

1. Ask, in writing: "Am I required to agree?" The answer is no. If you feel pressured, say so and take advice — Family Rights Group's advice line (0808 801 0366) specialises in exactly this. 2. Get legal advice before signing. Legal aid may be available for parents in care-related matters. Never sign a s20 agreement at the hospital or on the doorstep without understanding what it says. 3. Put conditions in writing. Where the child will live, contact arrangements, when the arrangement will be reviewed, and the date it ends. 4. Keep your right to remove alive. A short, dated letter to the social worker stating you consent only temporarily and may remove your child at any time protects you. 5. Watch the clock. If the arrangement drags on, ask children's services to either return your child, support you to resume care, or issue care proceedings — where you get publicly funded representation and a court oversees everything. 6. In Wales, the equivalent provision is section 76 of the Social Services and Well-being (Wales) Act 2014.

Where to get help

Family Rights Group advice line: https://frg.org.uk/get-help-and-advice/advice-line/ (0808 801 0366)
Coram Child Law Advice: https://childlawadvice.org.uk/information-pages/section-20-accomodation/
Citizens Advice / your local Family Rights Group-linked advocates — see our directory pages.

Official links

Children Act 1989, s20: https://www.legislation.gov.uk/ukpga/1989/41/section/20
Coram Child Law Advice — section 20 accommodation: https://childlawadvice.org.uk/information-pages/section-20-accomodation/
Family Rights Group — voluntary care arrangements: https://frg.org.uk/policy-and-campaigns/reforming-law-and-practice/voluntary-care-arrangements-section-20-of-the-children-act-1989/
Supreme Court judgment, Williams v Hackney LBC [2018] UKSC 37: https://www.supremecourt.uk/cases/uksc-2017-0037.html

This page is general information, not legal advice. Laws, procedures and contact details change — verify anything important against the official sources linked above before relying on it. Your Family Case is an independent information directory and is not affiliated with children's services, the courts or gov.uk.

Content verified against the official HMCTS court directory, gov.uk forms and fees pages, and the professional body registers (SRA, FMC, Bar Council). Last reviewed September 2026.