Archived Forums

Hi the short answer is no a care order isn't required for him to access a therapeutic placement; I am a Social Worker and currently work with young people in a range of care settings who are accommodated under Section 20. There was some case law last year that was interpreted by some Local Authorities as indicating that a Care Order was required in all situations where a child was accommodated but recent legal advice to some of my colleagues has been that this is no longer the case. The cases I am making reference to are ones where there parents have requested their child is accommodated, for example due to the child's complex behavioural needs and not situations where the Local Authority has gone to court to have the child removed from their parent's care as the child is considered to be at significant risk of harm, where obviously an order is required. If you are willing to work with the Local Authority to support your son to access a therapeutic placement there shouldn't be any need for care proceedings. If a Care Order was applied for the birth family shouldn't be informed; if an order is granted it you would still be his parents; the LA would share parental responsibility with you, although they would have the overriding say if you disagreed with any decision they made. Do you have any support from your local Post Adoption Team? Getting your own independent legal advice is also a good idea. Good luck

I think that local authorities often insist on a S20 order to put a child in a residential setting but you continue to have parental responsibility with a S20 I think xx

Thank you. We initially signed the section 20 for respite due to his complex needs. There were no concerns from LA and no proceedings. In fact it was a fight to get them to help us. We are fully on board with the fact our son needs a therapeutic placement and specialist help. It’s us that has been shouting for the help. Bellybug, it’s like you say, they are saying that he can’t stay on a section 20 under their care and a care order must be applied for. With regards the BF the LA are adamant they have a right to know as he is back in the system! They don’t seem to understand he is OUR son and the BF have no rights. Post Adoption support are non existent, they don’t care as we are out of county adopters. I have contacted Ridley and Hall solicitors and made an appointment with the local MP. Just don’t know where to go from here. I know the MP won’t want to get involved if there are legal proceedings but this is just so wrong. All we want is what’s best for our son.

My AD went to a therapeutic community and was placed by health. I had to argue with the LA to get them to make her a section 20 because they didn’t want her on their books in case a hefty bill arrived! Being s20 meant she had access to a sw and the protections of the IRO. I was allowed to be her mum. I didn’t get sued when she got into a fight the LA sorted out liability. This is your child and that stays the same.

We worked with Section 20 and made it work for the girls and us without the loss of our involvement. Reports referred to shared care. Ours was unusual and because of exceedingly high refusal behaviours, our youngest then stayed more with us than fc . It can work. Contacting experienced solicitors is a good starting point and I hope you get the answers you are seeking. Things can work out ... We see our girls almost every day and have a close relationship with them . They are adults now. Hoping you and your son get the help and support you need. Johanna

Thanks for your comments. Spoke with Ridley and Hall today and have instructed them to act on our behalf. I’m still trying to understand why we can’t have a therapeutic placement and not have our son in care at the same time.

Over the past couple of years there have been several court decisions around s20 which have led to it being seen as short term only and if LAs do not down the care proceedings route in a reasonable time this has been seen as denying young people the opportunity for their case to be considered by the courts. In one case a young person was awarded £40, 000, even though her parents were in agreement with her being looked after. It is also fair to say that LAs have in the past misused s20 eg 'persuading' parents to agree to s 20 when there were grounds to start proceedings and then letting cases drift or not providing the most appropriate placement. Here is an article explaining some of the legal changes. http://www.familylawweek.co.uk/site.aspx?i=ed151539 So because of these decisions LAs nowadays will start legal proceedings if s20 is likely to continue for longer than 3mths. A residential school placement is seen as being 'in care' if it is for more than 32 weeks per year ie includes school holidays too. I hope that this explains that even though you are doing your best for your child the LA have to take the matter to court However, whilst starting care proceedings is expected now, the court doesn't have to make a care order at the end of the process. It may be that as Bellybug has said the courts are changing their view on s20 and I'm sure your solicitor will be able to advise. I must admit I can't understand why BF have to be involved as they no longer have Parental Responsibility following the Adoption Order.

We are looking for our son to go into a therapeutic community, too. We have been advised that the LA will initiatecare proceedings. If we are in agreement about the Care Plan the court hearing will just be used to scrutinise this, to protect the LA from litigation, but no Care Order will be sought.

We have always been in agreement with the care plan, it was us that initiated the therapeutic care. Unfortunately we have lost all trust in our LA as they have been underhand in everything they have done so far. We only found out about the care proceedings from a third party. Daffin you have put my mind at rest a little that the care order may not go through.