URGENT question about Care Orders & Parental Responsibility

[SENDMum]

Hi, this is my first post here and I'm hoping someone might be able to answer my question.

My son (complex special needs) has been on a section 20 for nearly a year and we are due in court soon for the IRH. At the moment we have full PR as in court they didn't get the interim care order they wanted. We now know there will be a long term plan for him to stay in care until he's 16 and I just want to be totally clear on something. I've been informed that Section 20 can't be a long term thing and that in order to stay in care, whether we're all in agreement or not there has to be a Care Order. I presume that is correct. My question is if there is such a thing as being able to retain full PR in these situations? I'm presuming not but I really need to be totally clear as our LA have really not been thinking of our children's best interests with some of their strange decisions (even placement and other professionals don't understand why they are being like this).

Also assuming it does have to be Shared Care, how does this actually work? I presume their share of care trumps ours and therefore they can make decisions we don't agree with. Any advice welcome.

Many thanks x

[Suzie, FRG Adviser]

Dear Sendmum

Welcome to the discussion board and thank you for your post. My name is Suzie, I am an online advisor and will be responding to your post today.

Your son has complex needs and has been voluntarily accommodated under Section 20 for almost one year. You are seeking advice in respect of parental responsibility, should a Care Order be granted and whether a Section 20 can be used as a long-term measure if everyone agrees to the plan for the child.

You are right in your assumption that should a care order be granted, the Local Authority become a ‘corporate parent’and their parental responsibility ‘trumps’ yours. Please find a link HERE to our ‘quick facts sheet’ regarding parental responsibility, in particular, once a care order has been granted. Should the Local Authority obtain a care order they still have a duty to keep you up to date regarding your child and their situation if it is safe to do so. I have added a link HERE you may find helpful. It provides information and guidance on how the Local Authority should be working with you and this link HERE which offers support and advice regarding care and related proceedings.

A Section 20 agreement is not time limited. There is no limit on the length of time a child may be accommodated under section 20, but Local Authorities have duties towards children whom they are accommodating that make it necessary for them to bring care proceedings in particular cases. I would suggest you discuss this with your solicitor as they will have all the information before them. It would also be a good idea to ask your Local Authority for their policy on this.

I hope you find this information useful.  Should you wish to speak to an adviser please call our free advice line: 0808 801 0366 (Mon to Fri 9.30a.m. – 3.00p.m) excluding bank holidays. Or you can, of course post on here again.

Best wishes, Suzie