Foster care

[Basil]

Can a 16 yr old walk out of foster care and return home if they are in care under s20? But cs want them to stay

[Murray72]

I think under a section 20 the Local Authority would expect you to return that Child to the Foster Carer's. If a Section 20 is voluntary then can't you revolk the agreement allow the Child to return home and then challenge CS decisions if they were to begin Court proceedings?

The Judge would be able to hear the Child's views firsthand (the Judge spoke to my 15 year old in chambers to establish the views, then discharged the Child from the proceedings and no order was made, It was 3 years ago now and child had to have own solicitor and step away from Guardian as his recomendations were Foster Care).

I know a full care order lasts until 18, is this the same with a section 20?

Hope this helps but have no direct experience with section 20.

[Basil]

s20 is voluntary, I agreed as it was meant to be temp but now they have said it should be for at least a year. I am not allowed to contact the foster carer to arang visits, and neither is my child allowed to come my home really dont no what to do

[Suzie, FRG Adviser]

Hi Basil

Under section 20 Children Act, a child is in care under a voluntary agreement. This mean you as a parent retain parental responsibility.

Technically, this means you are within your rights to withdraw your consent to the placement at any stage (ideally in writing). However, where concerns have been expressed about your parenting capacity, it is recommended you seek legal advice before doing so, just so you are aware of any implications.

As the Local Authority do not have parental responsibility, the onus is on them to seek a court order, if they do not agree it is in a child's best interests to return home. The views of a 16 year old however, need to be taken into account. They will more than likely vote with their feet, and are entitled to return home if they do not agree to being accommodated.

Best Wishes

Suzie