What Is Section 20? (Voluntary Accommodation)
Section 20 allows the local authority to accommodate a child with the parent’s consent, without going through the courts.
Key points:
- The child is looked after, but no care order is in place
- The parent(s) retain full parental responsibility (PR)
- The local authority must consult the parent(s) on decisions
- The parent can remove the child from care at any time, unless there is a court order preventing this
- Short-term family crisis or housing need
- Voluntary safeguarding agreements
- Unaccompanied asylum-seeking children (UASC)
- Respite arrangements
What Is Section 31? (Care Order)
Section 31 allows the court to issue a Care Order when it determines that:
- The child has suffered (or is at risk of) significant harm
- The harm is due to inadequate care or parenting
Key points:
- The local authority shares PR with the parents, but typically leads decision-making
- The court oversees the child’s case and progress
- The Care Order stays in place until the child turns 18 (unless discharged earlier)
- Parents cannot withdraw consent to the placement
Section 31 provides stronger legal protection, and is used in long-term safeguarding concerns, often following legal proceedings.
Implications for Residential Care Professionals
Topic
Section 20
Section 31
Parental Responsibility (PR)
Fully retained by parent(s)
Shared — LA usually leads decisions
Decision-making in placement
Requires ongoing parental consent
LA has legal authority
Ending the placement
Parent can request removal at any time
Only a court can discharge the order
Legal oversight
No court involvement
Court-monitored
Consent (medical, trips, therapy)
Needs parental agreement
LA may decide independently (case by case)
Implications for Residential Care Professionals
Topic
Parental Responsibility (PR)
Section 20
Fully retained by parent(s)
Section 31
Shared — LA usually leads decisions
Topic
Decision-making in placement
Section 20
Requires ongoing parental consent
Section 31
LA has legal authority
Topic
Ending the placement
Section 20
Parent can request removal at any time
Section 31
Only a court can discharge the order
Topic
Legal oversight
Section 20
No court involvement
Section 31
Court-monitored
Topic
Consent (medical, trips, therapy)
Section 20
Needs parental agreement
Section 31
LA may decide independently (case by case)
Practice Notes for Residential Staff
- Always confirm legal status at placement: Know if it’s Section 20 or 31 — this affects everything from bedtime routines to CAMHS referrals
- Clarify PR arrangements in writing: This prevents delays in decisions (e.g., consent for school trips, therapy, vaccinations)
- Involve the child’s social worker early if the placement needs review, especially under Section 20
- Document carefully: Records should reflect which legal route the child is under, and note any changes
Why This Knowledge Matters
For children in care, uncertainty is often a source of anxiety. When professionals understand the legal landscape, we reduce confusion, build trust, and ensure safer, more ethical care.
Whether under voluntary accommodation or a court order, every child deserves clarity, protection, and a team that knows the system well enough to advocate for them.