What is the difference between a section 20 and 25

[Pollylolly]

Of the children's act.

Basically what the heading says.

Thanks

[Pollylolly]

ŵe have been told differently over the section 25 it's volentary as the mother signed the paperwork. Both parents knew if mother didn't (father imprisoned) they'd of taken it to court. As far as we are aware both still have PR but they (SW)always say kids are LAC which makes me believe they can't just come and take the children but go through SW channels and put everything in writing,
We have also been told by an old SW that any parent can revoke a section 25.
A tad worried over the future of my nieces now with this.

[Pollylolly]

I was the same googled it and nothing is popping up over any parent can revoke this or LAC children as I know they are by the way. It's about where they live etc etc most annoying to say the least.

SW not open just yet and as this isn't important to them I'll have to wait.

Clarity isn't their strong suit for some of them

[Suzie, FRG Adviser]

Hi pollylolly

I am Suzie, FRG's online adviser.

Perhaps you have been able to get some further information about section 25 from children's services now?

To clarify, though, section 25 of the Children Act relates to 'secure accommodation'. This means the specific authorisation for children/ young people to be kept in accommodation provided for the purpose of restricting liberty.

Secure accommodation is not common for looked after children and would only be authorised if it is assessed that the child has a history of absconding and is likely to abscond from any other description of accommodation; and if he absconds, he is likely to suffer significant harm; or that if he is kept in any other description of accommodation he is likely to injure himself or other persons.

Section 25 is subject to section 20. This means that, although in secure accommodation, the child remains 'accommodated' under section 20. Under section 20, the parent/s must agree to the plan and retain the right to remove their consent.

I am a little confused as I understood that the children were in your care. Does this relate to other children?

In any case, from what you have described, children's services have been clear that, if the mother removed her consent to the children being accommodated, they would go to court and apply for a care order (under section 31). This would give shared parental responsibility to the local authority and enable them to keep the children in care against the wishes of mum.

Hope this helps.

Suzie
FRG Adviser

Best Wishes

[Suzie, FRG Adviser]

Hi pollylolly

Just a further thought- are you in Scotland?

The law in Scotland differs to English law. Section 25 of the Children (Scotland) Act basically equates to S20 in the English Act.

Suzie

[Pollylolly]

I'm Scotland so a section 25 is a section 20 in English law.
Clear as mud then to me but I'm of to google again as there is very little information other than accommodated as you've said.

I have the nieces with me as accommodated and LAC which has confused me to no ends and we are on SW 4 now so asking the next new one what's going on is like beating head of wall.

I always now email the next one up but at the moment he is avoiding me and my questions. So I will have to go higher up and most likely complain as this isn't in the children's best interests at all.

[Robin D]

Hi.

In that case you might find http://www.sclc.org.uk/ helpful. FRG are real experts in England and Wales law.

Robin