Voluntary accommodation for children CA 1989 s. 20
Local authorities must accommodate children in need without care or aged sixteen whose welfare is at risk. Parents may object unless court orders apply.
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— there being no person who has parental responsibility for him; his being lost or having been abandoned; or 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. 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— three months of being notified in writing that the child is being provided with accommodation; or such other longer period as may be prescribed in regulations made by the Secretary of State . 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— three months of being notified in writing that the child is being provided with accommodation; or such other longer period as may be prescribed in regulations made by the Secretary of State. 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. 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. 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. Before providing accommodation under this section, a local authority shall, so far as is reasonably practicable and consistent with the child’s welfare— ascertain the child’s wishes and feelings regarding the provision of accommodation; and give due consideration (having regard to his age and understanding) to such wishes and feelings of the child as they have been able to ascertain. A local authority may not provide accommodation under this section for any child if any person who— has parental responsibility for him; and is willing and able to— provide accommodation for him; or arrange for accommodation to be provided for him, objects. 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. Subsections (7) and (8) do not apply while any person— who is named in a child arrangements order as a person with whom the child is to live; who is a special guardian of the child; or 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. Where there is more than one such person as is mentioned in subsection (9), all of them must agree. 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.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Section 20 requires a local authority to provide accommodation for any child in need within their area who lacks parental care, whether because there is no person with parental responsibility, the child is lost or abandoned, or the carer is prevented from providing suitable care or accommodation. It also creates a duty to accommodate any child in need aged sixteen or older if the authority considers their welfare would otherwise be seriously prejudiced.
Local authorities may also provide accommodation to any child to promote their welfare, even if a parent could accommodate them, or to young persons aged sixteen to twenty-one in a community home. Before providing accommodation, the authority must, so far as practicable, ascertain and consider the child's wishes and feelings in light of their age and understanding.
Accommodation under this section is voluntary. A person with parental responsibility may object to accommodation or remove the child at any time. However, parental objection or removal rights do not apply while someone named in a child arrangements order as a residence caregiver, a special guardian, or a person with care under High Court inherent jurisdiction agrees to the accommodation, or where a child aged sixteen or older agrees.
When it applies
- A teenager aged sixteen is forced out of their family home and has no safe place to sleep.
- A parent is suddenly hospitalized for emergency surgery with no family or friends available to care for their young child.
- A young child is found abandoned in a public place with no traceable parent or guardian.
- A Welsh local authority providing accommodation for an English child notifies the English council, which takes over the accommodation within three months.
What this section does not say
- Compulsory court orders taking a child into local authority care against parental wishes.
- Accommodation for young people placed in police protection, custody, or court remand.
- Financial relief or general support services provided to families caring for children at home.
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This page reproduces the text of CA 1989 s. 20 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.