Section 20 of children's act .... Anyone know how this works?

[Littlemac1]

Hi I am not able to have my 17 year old here anymore for various reasons and trust me there are many and it's been said he is to stay with Dad for now and he won't let him in. My son has spent a night sleeping in his dads car and a night walking the streets . He won't come back here regardless if I'd let him.
Anyway under section 20 can I make someone anyone give him emergency accomadation tonight?

Hi OP

We're going to move this over to legal matters for you, as we don't think the great outdoors will get you much advice.

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Hi OP
He can ring the out of hours number now (you will have to google it -out of hours -then the local authorityname) There will be a duty social worker and Social services will have to give him emergency accommodation tonight- it is the law. He is priority need as he is 17- so is entitled to it. If they refuse -contact civil legal advice - to get a legal aid advocate to challenge them. 0345 345 4345.
Good luck

I have tried duty social worker and today spoke to emergency housing team who have advised me to start a record of all calls. a situation happened tonight with the police who advised me to ring edt but I just feel what's the point!! The law says they have to accommodate him but they wont

Thankyou very much for the replies

Section 20 means effectively you are putting your child in care. Social services will not house your DC in a foster placement it will be a youth hostel if there are spaces.

They're quite happy for him to walk the streets as far as I can tell while at the same time telling me he has undiagnosed autism .I have told them for the last 6 days he's homeless and they honestly will not help

lolagrace what happens if there are no places? Have you any idea?

Is it actually the law that they have to house him somehere for the night? I feel awful thinking of him walking the streets but the alternative really isnt possible right now for lots of reasons

They won't just take him in. As his mother they will expect you to house him or make other arrangements

The law says that they should ensure he has a safe place to stay - but this could be bringing him home. We don't know the reasons behind your situation but from 16 the council cannot make a young person go into care unless they are considered vulnerable (beyond the norm for 16), a youth hostel place is more common. When a friend was in perhaps a similar situation his autistic daughter was sectioned and placed in a hostel with mental health support (she was violent to her parents I was told).

I really can't because of recent events. It's not a decision I have come to lightly. It's really not . And regardless of reasons do they not legally have to help him if noone else can or is willing to?

He is very vulnerable but .. is also dangerous in my opinion... Into far right groups (I believe being groomed) and lots lots more.why he shouldn't be here. I only dont want to be more specific in case he sees .

I don't think he would be eligible to be sectioned

Have social care been involved before?

You as his mother and who has PR has responsibilities to house him. Social care do not just take in a child because their parent kicks them out.

Tonight police said they will come remove him but told me to ring social services which I have done now and waiting for a call back thanks

Yes he is on a child in need plan as are my other 2 younger children which happened due to elder sons actions with Nazi groups(we have counter terrorism unit involved ) and my middle son accusing him of innapropriate touching but he then retracted it after speaking to elder ds. Also because of fire setting while we are asleep. It's really not because I can't be bothered to parent

Nothing useful to add OP just wanted to say I hope they get him sorted and that things improve for your family soon

Nothing useful to add but that sounds heartbreaking for you op

And by firesetting I mean bits of paper and candles etc not an inferno hit still risky I think

He is you and your dads responsibilty and usually you will be advised to find him somewhere to go

His dad not your dads

Section 20 has nothing to do with this, as it's a voluntary arrangement between parents and local authority meaning both parties have to be in agreement.
If he's literally homeless he should get a social care assessment under the Southwark judgement protocol and should be housed if necessary.

I have just looked at the southwark judgement but in regards to DS it just seems to be quoting section 20 unless I'm being thick (which is very likely to be fair!) Thanks for replying :)

Section 20 is hard to invoke and you have to stay firm and keep stating your case and the law as to why you are unable to house your child. It's even harder when said child is 16+ Due to social care rules not keeping pace with society.

Expect police involvement, actually embrace it and use it to bolster your requirement to invoke section 20 is required in your situation.

All this doesn't help when you know your young vulnerable and angry child is out there without support ((hugs))

Essentially the Southwark judgement sets out the duty of housing services and children's services with homeless 16 and 17 year olds. If they present as homeless (has he done that?) they should be accommodated if they can't return to their family. They should then be offered a social care assessment to determine whether they are a child in need, and if so, they will be accommodated under section 20 and become a child in care. He can become a child in care at any age but if he's almost 18 he'll have to go to adult housing services at 18 anyway.
The main point is that they should be accommodating him first and then making enquiries as to his welfare and risk afterwards to help future decision making.