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I discuss these issues further below: What is the impact of section 20 What have the courts said about the requirements of section 20 When it goes wrong What you can do if its going wrong On 24th February the Transparency Project published Guidance for parents and professionals about the use of section 20, which you can download here.
You can read more about this, and the report of the Family Rights Group here. Impact of section They also illustrate the dilemma posed to the local authority: Equally, they illustrate the dangers if the local authority proceed without such delegation or obtain it in circumstances where the parents feel that they have little choice.
There are none of the safeguards and protections for both the Does truth mean and the parents which attend the compulsory procedures under the Act. Yet, rushing unnecessarily into compulsory procedures when there is still scope for a partnership approach may escalate matters in a way which makes reuniting the family more rather than less difficult.
Section 20 accommodation is very different to your child being removed from your care against your will under a care order. The LA do NOT share parental responsibility for your child just because you have agreed that your child should be in foster care under a section 20 agreement. Section 20 4 says that the LA may provide accommodation for any child in their area, even if the child has a parent who is able to provide accommodation, if the LA thinks that they need to do this to keep the child safe.
Section 20 7 provides that the LA cannot provide accommodation for a child if there is someone who has parental responsibility for the child and objects to the LA providing the accommodation. Sometimes, LAs get consent from only one parent but the other objects.
A LA should always try to get the consent of everyone who has parental responsibility. What do the courts say?
This should be read together with the case of Williams and Another v London Borough of Hackney . In the Coventry case, Mr Justice Hedley gave guidance about what should happen if a LA want to remove a baby immediately or soon after birth — it can be appropriate to use section 20 in these circumstances but obviously it is vital to make sure the parents understand what is being proposed and give real consent.
The children spent about 2 months in foster care. The parents took legal action against the local authority, saying it had acted unlawfully by taking the children into care under section 20 of the Children Act as they had not understood what was going on.
At the time the children were accommodated pursuant to section 20, the parents were subject to bail conditions that prevented them from providing suitable accommodation for their children.
Their consent was not required in these circumstances. There was no breach of the HRA and damages should not have been awarded. For reasons of good administration, the practice guidance should continue to be followed … but a failure to follow it does not, of itself, give rise to an actionable wrong, or found a claim for judicial review.
The judge did not see the bail conditions as an insuperable impediment to their making such a request para There could have been a number of solutions, including the parents or the Council persuading the police to vary bail to allow alternative accommodation with family and friends, if there were any to help, or with the parents themselves.Sep 22, · PLEASE READ THIS ARTICLE CAREFULLY BEFORE COMMENTING OR EMAILING ME QUESTIONS ABOUT YOUR C-PEPTIDE TEST!
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The mean of a probability distribution is the long-run arithmetic average value of a random variable having that distribution.
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