Children Act 1989: A Complete Guide to Section 20, Grievous Bodily Harm, and Your Rights

TL;DR The Children Act 1989 is the main law protecting children in the UK, making sure their welfare always comes first. Section 20 allows local authorities to offer voluntary support if a child needs a safe place to live, without parents losing their rights. Parents stay in control and can end the agreement if they choose. If serious injuries (like grievous bodily harm) are involved, extra protections come into play to keep children safe. This guide will explain everything clearly, whether you're a parent, carer, or professional.

What is the Children Act 1989?

The Children Act 1989 forms the backbone of child welfare law in the UK, prioritising children’s best interests in all decisions regarding their care, upbringing, and protection. Whether you’re a parent, carer, social worker, or young person, understanding the Act is essential for safeguarding children’s rights.

In this guide, we’ll explain the Act, focus on Section 20, explore how grievous bodily harm (GBH) impacts child protection, and discuss key legal insights like long-term agreements and GBH sentencing.

Key Objectives

Focus Areas

Prioritising child welfare: The Act places the child’s welfare at the centre of all decision-making processes. Every action taken by courts, social workers, and other professionals must focus on promoting the child’s best interests. This principle ensures that children’s needs for safety, stability, love, and education take precedence over the wishes of adults involved.
Parental responsibility: The Act introduces the legal concept of “parental responsibility,” emphasising that parents’ rights are inseparable from their duties. Parents are expected to provide appropriate care, make important decisions in their child’s life, and always act in ways that safeguard and promote their child’s welfare. The Act encourages shared parental involvement wherever possible, even when parents live apart.
Family partnership: Recognising that children usually thrive best within their families, the Act encourages authorities to support families rather than separate them unnecessarily. Local authorities are required to work collaboratively with parents, extended family members, and carers to offer early help and prevent crises from escalating. Only when it is unsafe or clearly against a child’s interests should removal be considered.
Efficient court processes: Delay can be harmful to children, so the Children Act 1989 demands that court proceedings involving children are dealt with quickly and effectively. Wherever decisions about a child’s future are needed, the courts must act without delay, ensuring that plans for a child’s care, contact, or protection are clear, timely, and focused on achieving the best long-term outcomes for the child.

Why the Children Act 1989 is Vital

Before 1989, child protection laws in the UK were scattered across various different acts and legal frameworks, often leading to confusion, inconsistency, and delays in helping vulnerable children. Different agencies sometimes struggled to work together effectively, and children’s welfare was not always the primary focus of decisions made about their lives.

The Children Act 1989 changed all of that. It unified and modernised the law, creating one clear, coherent framework that put children’s needs, safety, and best interests at the centre of every decision. For the first time, the law clearly stated that a child’s welfare must be the court’s paramount consideration in any case affecting them — a revolutionary shift that still shapes all child protection work in the UK today.

Learn about our Therapeutic Care Services aligned with the Children Act 1989 principles.

Section 20 Explained

What is it?

Section 20 of the Children Act 1989 allows local authorities to provide accommodation to children in need without a court order, based on parental consent. It’s a voluntary, collaborative approach to child safety.

Highlights:

No court intervention necessary:
When a local authority accommodates a child under Section 20, they do not need to apply to the family court.
This approach is less adversarial, reduces delays, and avoids the emotional strain that court proceedings can place on both children and parents. It also demonstrates the principle of working in partnership with families wherever possible, maintaining trust and collaboration.
Parents retain full parental responsibility:
Even though the local authority provides accommodation, parents continue to hold all legal rights and responsibilities for their child.
They can make key decisions about their child’s upbringing and welfare, including withdrawing consent to the accommodation if they choose. Section 20 does not remove or suspend parental responsibility.
Agreements are voluntary and temporary:
A Section 20 arrangement is not permanent. It can be ended at any time by a parent or by the young person if they are over 16 and capable of making their own decisions.
The arrangement is meant to meet immediate or short-term needs, such as providing a safe place for the child during a family crisis, while longer-term plans are considered.

Voluntary Agreements

Section 20 agreements offer families a cooperative path to protect children.
Rather than immediately resorting to court proceedings, it encourages local authorities and families to work together voluntarily to safeguard the child’s wellbeing. This collaborative approach can reduce conflict, preserve family relationships, and ensure that decisions are made in a way that respects both the child’s needs and the parents’ rights.

Clear communication is crucial to avoid misunderstandings about parental rights.
Local authorities must explain Section 20 arrangements thoroughly to parents, ensuring they understand that their consent is voluntary, that they retain full parental responsibility, and that they have the right to withdraw their consent at any time. Without clear communication, there is a risk that parents may feel coerced or unaware of their legal options, which could undermine trust and lead to later legal challenges.

Section 20 Notices and Long-Term Care

A Section 20 notice sets out the terms of the child’s accommodation.
When a child is accommodated under it, the local authority provides a written notice or agreement to the parents or those with parental responsibility.

This document outlines the key details of the arrangement — including where the child will live, the nature of the care being provided, and the expectations for communication between the child, parents, and social workers. It ensures that everyone involved understands the voluntary basis of the accommodation and the continuing role of the parents in their child’s life.

When long-term care becomes necessary, regular reviews ensure arrangements still serve the child’s best interests. Although it is intended for temporary care, some children may require longer-term support. In such cases, the local authority must hold regular review meetings — often known as Child in Need Reviews or Looked After Child Reviews — to reassess the child’s circumstances.

These reviews check whether the accommodation remains appropriate, whether parental consent is still valid, and whether more permanent solutions, such as care proceedings, might be needed to secure the child’s welfare. The child’s voice is central during these reviews, ensuring their wishes and feelings are taken into account.

Children Act 1989 and GBH

What is Grievous Bodily Harm?

Grievous bodily harm (GBH) refers to the act of causing serious physical injury to another person. Under English law, it is recognised as one of the most serious forms of assault and can include injuries such as broken bones, deep wounds, permanent disfigurement, or other life-altering harm.

Its offences are treated very seriously by the courts, but the level of punishment can vary depending on how the injury was caused — whether it was inflicted deliberately (with intent) or through reckless or careless behaviour (without intent).

Understanding GBH is essential in safeguarding work, as cases involving serious physical harm to a child trigger immediate protection measures and, in many cases, criminal investigations.

GBH Variations:

Without Intent:
This refers to situations where a person causes serious injury to another through reckless or unlawful actions, but without a deliberate intention to cause such harm. This type of GBH offence is charged under Section 20 of the Offences Against the Person Act 1861. Although intent is not proven, the injury is still serious, and the offence carries significant penalties, including potential imprisonment.
With Intent:
This involves deliberately inflicting serious injury on another person, with the clear intention to cause grievous bodily harm. This is a more serious criminal offence, prosecuted under Section 18 of the same Act. GBH with intent reflects a much higher level of blameworthiness and can result in much harsher penalties, including up to life imprisonment.

Section 20 Assault vs. Children Act Section 20

Section 20 assault refers to an offence under the Offences Against the Person Act 1861, where someone unlawfully and maliciously inflicts grievous bodily harm (GBH) on another person without intent to cause such serious harm. It is still a serious criminal charge but is viewed as less grave than offences where intent to cause serious injury can be proven.

This legal term is completely different from Section 20 of the Children Act 1989, which deals with a voluntary agreement between parents and local authorities for the temporary accommodation of a child in need. While both use the term “Section 20,” they come from entirely different areas of law — one criminal, one child welfare — and should not be confused.

Understanding this distinction is important for professionals and families alike to avoid misinterpretations, especially when safeguarding concerns or legal advice are involved.

GBH Sentencing Insights

Sentences for grievous bodily harm (GBH) offences in the UK vary significantly depending on several key factors:

Proof of Intent:
The court carefully examines whether the perpetrator intended to cause serious harm. Under Section 18 of the Offences Against the Person Act 1861, where there is clear intent to cause grievous bodily harm, the offence is treated as much more serious. Intentional GBH is among the most serious violent crimes and is punishable by up to life imprisonment.
Severity of Injuries:
The level of harm suffered by the victim influences the severity of the sentence. Injuries considered permanent, life-threatening, or causing significant long-term disability attract harsher sentences than less serious injuries.
Criminal History of the Offender:
A defendant’s previous criminal record plays a major role. Repeat offenders or those with a history of violence are likely to receive longer sentences compared to first-time offenders, as courts prioritise the need to protect the public.

Section 20 vs Section 18 GBH Penalties:

Section 20 GBH (Unlawful wounding or inflicting grievous bodily harm without intent):
This is a lesser offence compared to Section 18. It carries a maximum penalty of five years’ imprisonment. It typically applies where serious injuries were caused recklessly or without specific intent to cause serious harm.
Section 18 GBH (Causing grievous bodily harm with intent):
This is a far more serious offence, carrying a potential life sentence. Courts view intentional harm as demonstrating a far greater threat to society, requiring stronger deterrent sentencing.

Example:

Someone who recklessly causes a severe injury during a fight without intending serious harm could face prosecution under Section 20.
However, someone who uses a weapon deliberately intending to inflict serious injury would likely be prosecuted under Section 18, facing much harsher penalties.

Penalties for Section 20 GBH can reach five years’ imprisonment, while Section 18 GBH (with intent) can result in life imprisonment.

Explore our Safeguarding Policy to see how Welcare protects children from abuse.

Real-World Examples

Case Study 1

A young person had spent years living in a home where violence was a constant threat. At school, staff noticed signs of distress and escalating anxiety. After a particularly concerning incident, social services intervened promptly. An urgent welfare assessment concluded that the young person needed immediate, safe accommodation.

With the informed consent of the non-abusive parent, the young person was placed into voluntary Section 20 accommodation. The transition to a children’s home provided a nurturing environment where trauma-informed care and therapeutic support helped them rebuild trust, re-engage with education, and gradually heal from past experiences.

Case Study 2

In another situation, following a severe assault during a family crisis, safeguarding professionals acted quickly to secure the child’s safety. Hospital treatment was provided for physical injuries, and with parental agreement, the child was placed under a Section 20 agreement into a registered children’s home.

Within this supportive setting, the child received emotional support, counselling, and stability while comprehensive plans for longer-term support, including potential family rehabilitation, were developed and reviewed.

How Welcare Champions The Act

At Welcare, we dedicate ourselves to providing safe, nurturing environments that uphold every child’s rights under the Children Act 1989. Through supported living, therapeutic care, and therapies like Equine Therapy and CBT, we ensure holistic, trauma-informed support.

Discover more about our Supported Living and Therapeutic Care Services.

Final Words

The Children Act 1989 continues to serve as a cornerstone of children’s rights in the UK. Understanding Section 20, identifying dangers like grievous bodily harm, and supporting voluntary protections help create a safer, brighter future for young people.

Stay informed, stay proactive, and always prioritise children’s welfare with expert support from Welcare.

Official Government & Legal Resources

Children Act 1989 – Full Legislation
The comprehensive text, detailing legal provisions for child welfare and parental responsibilities.
Legislation.gov.uk
Crown Prosecution Service (CPS) – Offences Against the Person
Guidance on offences such as GBH, including distinctions between Section 18 and Section 20 offences.
Offences Against the Person – CPS
Working Together to Safeguard Children – Statutory Guidance
Government guidance on inter-agency working to safeguard and promote the welfare of children.
Working Together to Safeguard Children – GOV.UK

FAQs

What is Section 20 of the Children's Act?

Section 20 allows voluntary accommodation of a child by the local authority without needing a court order.

Is Section 20 truly voluntary?

Yes, it requires informed parental consent.

Can I refuse a Section 20 agreement?

Yes. Parents or those with parental responsibility have the right to refuse a Section 20 accommodation request. Local authorities must not pressure or coerce parents into agreeing.

What happens if parents withdraw consent under Section 20?

If consent is withdrawn, the local authority must return the child to their parents unless doing so would place the child at immediate risk, in which case urgent court action would be taken.

How long can a child stay under a Section 20 agreement?

There’s no strict legal time limit, but Section 20 arrangements are meant to be temporary. If long-term care is needed, social services must review the situation regularly and may need to seek a care order through the courts.

Is Section 20 the same as being in foster care?

It can be. Under Section 20, a child might live with foster carers, in a residential children’s home, or other suitable accommodation — but the key point is that the arrangement is voluntary and agreed with the family.

What is grievous bodily harm (GBH)?

GBH is the infliction of serious physical injury — such as broken bones or permanent damage.

When is GBH charged instead of common assault?

GBH is charged when injuries are severe and lasting, unlike minor harm which is prosecuted as common assault.

How does GBH with intent differ from without intent?

Intentional GBH (Section 18) carries harsher penalties than reckless GBH (Section 20).

Does GBH always lead to prison time?

Not always. Sentences depend on the severity of the injury, whether there was intent, the offender’s criminal record, and any mitigating factors. Some first-time offenders may receive suspended sentences, but serious cases often lead to imprisonment.

What does "20 c" stand for?

“20c” can refer to Section 20 in child welfare (voluntary accommodation) or in criminal law (GBH without intent), depending on context.

Together, let’s build a brighter future, your referral is the first step!