Putting parents on a level playing field: when is s 20 appropriate for the long-term care of a child?

This article examines the recent Court of Appeal decision in Re S & Re W [2023] EWCA Civ 1 and asks whether this case will lead to a change in the reluctance to use s 20 accommodation for the long term care of children. The reasons for the decline in use of s 20 for long term care are examined and the article highlights the confusion amongst professionals as to when s 20 can be validly used. Re S & Re W brings welcome clarification and confirms that s 20 can be used for long term care in appropriate cases. The article considers the positive consequences of a greater use of s 20 comparing a situation in which parents retain parental responsibility and work in partnership with the authority on a level playing field rather than a s 31 order being made and the risk that the exercise of their parental responsibility will be restricted under s 33(3) Children Act 1989. 

The full article will be published in the April issue...

Read the full article here.