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Section 20 children’s services

23 replies

B9KLO · 17/11/2024 08:23

Does anyone know who's in on a dodgey section 20 trick? Like, does the social worker just print one off the computer simple as that or would she have to go and get her manager to do it or permit it? Or would they both have go to the person above to just get this piece of paper? It's not from court I don't think.

Then, where does this piece of paper go? If signed would there be following paperwork in the post or anything? Then when done you over and saying it was scrapped it was never in place would that have had to of been noted somewhere? Or signed off?

Would that first piece of paper just go in the bin or filed somewhere?

OP posts:
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Tbskejue · 17/11/2024 08:47

For a child to come into care it has to be agreed by a team manager and service manager/head of service and noted on the system. A social worker can’t just have you sign paperwork and say they’re in care.
You should have been given a copy of any paperwork that you signed there and then.
Contact the social workers manager for clarity and make a complaint if you’re still not happy with their answer.

mrsed1987 · 17/11/2024 08:54

As the PP above said it would need to be agreed by a manager and then the managers manager.

The signed paperwork should be stored on your child's Electronic record and you should have
been given a paper copy, not many authorities would have kept the original paper copy.

B9KLO · 18/11/2024 03:53

Thankyou for the information. So regardless of the ins and outs of my version and their version of the circumstances. In terms of them defending themselves I'm confused how they will try and explain themselves and angry that it's likely they will keep getting away with it.

I was spending the night at my mother's with the children. Reading in a report that, the two fathers taking on the children full time had become an option, already been assessed, passed and favoured the next step. It was the final straw for me. Convinced I must be in denial and need locking up until I understand how on earth I deserve this.

I told my mum to get the dads to pick them up and I went to a&e. I disclosed in my assessment suicidal thoughts alcohol and drugs anything and everything desperate for help to stop this nightmare. I was turned away!! The social worker had phoned a&e and was told information. (Sure that's not right)

By the time I got back to my mums the SW was 5-10mins behind me with a piece of paper. I had been unable to work with her already for 12mths so they'd been trying to break me for months and they had so she was the last person I wanted near me at that moment but she needed my signature in order to transport the children to their dad as he had no car.

My mum came at me with this blank section 20 form begging me to sign it. I hesitated as I had a rough understanding. Then they're shouting to each other about it being nothing to worry about and voluntary just for a few days until I felt better and assured I deserved a break and would get a clear head with the dads doing abit for once. Still reluctant but my mum didn't want any drama if the SW did make a fuss about it. I knew I was snookered so I signed it thinking it's blank anyway so arguably worthless.

I've never had my children back since. 6mths on now in private court I possibly never will. I know what I know but they say what they want and it's getting worse! I've mentioned it but it fell on deaf ears.

To make a point of it being acknowledged I don't know how to go about it or how it's even going amiss.

OP posts:

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B9KLO · 18/11/2024 04:02

Her manager is in on it and has got it in for me aswel. I know it's hard to believe me I'm not daft but I've no more patience for being doubted. The managers provided false information and lied in court about other things determined to keep me silenced and allowing it to the hands of a judge without evidence tells me that even her manager "the local authority" must be thick or in on it aswell!

Just trust me for one minute. I don't stand a chance and my ex is loving every minute of it my application is taken over. Just like that.

OP posts:
TheSilkWorm · 18/11/2024 04:17

You didn't need to sign section 20 for the children to go to their fathers.
If it's in private law proceedings and the children are with their fathers any section 20 you might have signed is totally irrelevant now. They legally can't be under section 20 while living with a parent. Unless I've misunderstood?

DoreenonTill8 · 18/11/2024 04:23

Sorry but trying to understand
2 dc, 2 dif dads? There's been ongoing issues and it's been agreed with SS at some point each would live with their dad because of concerns with your parenting?
You've then had a alcohol/drugs od and ended up in hospital?

EliflurtleAndTheInfiniteMadness · 18/11/2024 05:09

I can't see the relevance of a section 20 to the here and now, it doesn't apply to a child in parental care and without a court order they can't keep a child from their parents under a section 20. Its possible they got one at the time in case the father/s couldnt accommodate the children. I have a friend who had a very nasty experience with a SW, so I know it's not impossible, my friend was pushed to let her XH have the kids, even though he was violent enough she had a restraining order and he hadnt seen the kids for 4-5 years at that point. But I think you'd do better focusing on what is wanted from you now to see your DC again. Whatever social services have done you're unlikely to get anywhere in court if you're saying they have it out for you. What are you asking for in terms of child arrangements and are social services still involved? If they are and there's specific reasons they feel you shouldn't see the kids then I'd be addressing those and showing willing. Its not usual for a parent to get no contact. Have you or they offered supervised contact? How old are the children and what started the SS involvement?

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

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.
childlawadvice.org.uk/information-pages/section-20-accomodation/

Neurodiversitydoctor · 18/11/2024 05:20

TheSilkWorm · 18/11/2024 04:17

You didn't need to sign section 20 for the children to go to their fathers.
If it's in private law proceedings and the children are with their fathers any section 20 you might have signed is totally irrelevant now. They legally can't be under section 20 while living with a parent. Unless I've misunderstood?

Just to answer a few of your questions:
Children can be under section 20( or indeed a full care order) living with their parents.

A&E can give out information if it is for safeguarding purposes ( adukts or chikdren)

How old are your children and what do they want to happen ? Are they happy living with their respective fathers ?

How much time do you get to spend with them,twice a week would be typical.

DandyTealSeal · 18/11/2024 05:22

A section 20 is shared parental responsibility with Social Services. I have known young people living with parents but it’s usually there is a risk it will breakdown or it’s being trailed and then the order will be revoked.

Social workers do not usually have it in for people, they’re involved for a reason.

TheSilkWorm · 18/11/2024 05:23

Neurodiversitydoctor · 18/11/2024 05:20

Just to answer a few of your questions:
Children can be under section 20( or indeed a full care order) living with their parents.

A&E can give out information if it is for safeguarding purposes ( adukts or chikdren)

How old are your children and what do they want to happen ? Are they happy living with their respective fathers ?

How much time do you get to spend with them,twice a week would be typical.

Children CANNOT be under section 20 and living with their parents. The fact of being in the care of a parent automatically dissolves any section 20 agreement that may have been in place.
Not sure why you've replied to me and not the OP also.

TheSilkWorm · 18/11/2024 05:25

DandyTealSeal · 18/11/2024 05:22

A section 20 is shared parental responsibility with Social Services. I have known young people living with parents but it’s usually there is a risk it will breakdown or it’s being trailed and then the order will be revoked.

Social workers do not usually have it in for people, they’re involved for a reason.

No it's not! Why post when you don't actually know the area of law? Section 20 does NOT confer shared PR to the local authority. Only a care order does that. It's a short term voluntary arrangement between parent/s and the local authority. It is not a legal order.

Neurodiversitydoctor · 18/11/2024 05:31

TheSilkWorm · 18/11/2024 05:23

Children CANNOT be under section 20 and living with their parents. The fact of being in the care of a parent automatically dissolves any section 20 agreement that may have been in place.
Not sure why you've replied to me and not the OP also.

No need to shout I was in a meeting on friday where a young person (14) had returned to her parents care whilst still having a S20 in place, she is is not the only one I have come across. As you say a s20 is voluntary so really not legally binding in any way. As I said the most important thing now is what the children want, is the OP in a position to have them ?
It is unlikely children's service would recommend they return FT ( especially if they are settled) without some significant contact first.

TheSilkWorm · 18/11/2024 05:42

Neurodiversitydoctor · 18/11/2024 05:31

No need to shout I was in a meeting on friday where a young person (14) had returned to her parents care whilst still having a S20 in place, she is is not the only one I have come across. As you say a s20 is voluntary so really not legally binding in any way. As I said the most important thing now is what the children want, is the OP in a position to have them ?
It is unlikely children's service would recommend they return FT ( especially if they are settled) without some significant contact first.

As soon as she returned to her parents' care the section 20 becomes void. It's no longer 'in place'.
I wasn't shouting, I was vehemently correcting you since you replied to my post contradicting what I said, wrongly.

Neurodiversitydoctor · 18/11/2024 06:35

TheSilkWorm · 18/11/2024 05:42

As soon as she returned to her parents' care the section 20 becomes void. It's no longer 'in place'.
I wasn't shouting, I was vehemently correcting you since you replied to my post contradicting what I said, wrongly.

Edited

Right so it sounds like if a s20 was signed by OP it's invalid anyway.

Doesn't get the OP her DCs back does it ?
Are children's services still involved OP ?

Otherwise it's a private matter between you and the DCs father(s).

B9KLO · 18/11/2024 22:09

The section 20 was a blag but I had no choice. They both promised me but the SW knew she was doing me over and my mum just didn't want any drama at her house.

I warned the SW before she drove off that she better not be doing me over and made her promise she wouldn't mess me about when I want them back.

Soon as I next phoned the dad he said hes not allowed let me near so i phone her and it was what i feared. she was cocky and said i have to be supervised until i do all these test theyd "coincidently" been threatening me with for months.

i said no thats not how it works bring them home and ill do what you want or get to court and tell me otherwise. she said she doesnt have to bring them home theres no section 20 it was scrapped and that the kids are just in care of dad. he has no PR and neither have any orders. he was violent and why they got involved.

OP posts:
TheSilkWorm · 18/11/2024 22:11

Do you get now that the section 20 is irrelevant? It doesn't matter anymore. You need to focus on addressing whatever the issues are that led to them going to their dads and getting contact set up safely through the family court.

WhatYouPutOutComesBack · 18/11/2024 22:18

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B9KLO · 18/11/2024 22:27

If you read my other posts you might understand. I don't have a clue how this site works and I'm definitely not looking for opinions at this point.

Alls I have left are my morals and it's gone that far I need to be able to one day justify this to my children. I refuse to do bow down and allow for all this to be brushed under the carpet.

I knew it wasn't time to "blame everyone else" so I applied for court against my ex. I never expected SW to end up back calling the shots and now my ex has all the control.

I can see my kids whenever I want but it's with him or nothing. SW doesn't believe me. It's dangerous. SW say's supervised and tests or nothing. It's wrong! I'm sacrificing time with my babies to try and keep them safe until someone ever believes what they're doing to me. Or I just remain trapped.

OP posts:
Tina159 · 21/11/2024 13:57

What are the tests they want you to do?

I think you have to jump through their hoops, even if you don't like them, if you want your children back.

WhatYouPutOutComesBack · 23/11/2024 14:11

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Sheenabeena87 · 01/03/2025 11:08

I am in hospital with my newborn until Monday I have been advised to sign a section 20 I'm not even sure how it works I know they are looking to get an interim care order....I had one cp conference meeting 17th Jan and the plan never got started. My hair strand test came back positive for cocaine use (6months) I had a drink problem but haven't drank for 2 half years....it's not an excuse but my mental health was not good n some1 offered me the drug n I stupidly took it I haven't touched it for 3 weeks and with regular drug testing i am going to stay abstinence I'm determined to get my boy back...it wasn't going to court before the hair strand results as they said they didn't have enough....what are my chances of having him bk

TheSilkWorm · 01/03/2025 11:20

Sheenabeena87 · 01/03/2025 11:08

I am in hospital with my newborn until Monday I have been advised to sign a section 20 I'm not even sure how it works I know they are looking to get an interim care order....I had one cp conference meeting 17th Jan and the plan never got started. My hair strand test came back positive for cocaine use (6months) I had a drink problem but haven't drank for 2 half years....it's not an excuse but my mental health was not good n some1 offered me the drug n I stupidly took it I haven't touched it for 3 weeks and with regular drug testing i am going to stay abstinence I'm determined to get my boy back...it wasn't going to court before the hair strand results as they said they didn't have enough....what are my chances of having him bk

You will do better starting your own thread. My advice as a social worker is that if your legal representative advises that they are likely to be successful getting an interim care order that it would be better for you and baby if you sign the section 20. It's not worth wasting your energy fighting something that is inevitable and you'll need your energy to recover from the birth, focus on travelling to contact and addressing your substance use. Nobody here can tell you what's likely to happen because we have no idea.

Sheenabeena87 · 01/03/2025 12:22

Thank you I it my first time posting so thought I was making my own thread 🙈

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