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Residential Placements and Section 20: Do You Have to Agree?
Parents sometimes contact us after being told that if they want a residential school or college placement for their child, they must sign a Section 20 agreement. Section 20 of the Children Act 1989 allows a local authority to accommodate a child through social care, usually where a child cannot live at home or requires support from children’s services.
This can feel confusing and concerning, particularly where the request for a residential placement is based on educational needs rather than social care concerns.
In a recent video on our Education Law TikTok channel, Beverley Watkins, Managing Partner at Watkins Solicitors, explains why this distinction matters and when signing a Section 20 agreement may not be appropriate.
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Book on EventbriteBeverley Watkins explains why it is important to distinguish between a residential placement required for educational reasons and a Section 20 social care arrangement.
Video by Beverley Watkins, Managing Partner at Watkins Solicitors.
Beverley explains that if a child or young person requires a residential school or college for educational reasons, then this is an educational placement. It should be considered and funded through the Education, Health and Care Plan process.
A Section 20 agreement is not designed to secure an educational residential placement where the need arises from special educational needs.
Where a residential placement is required because a child’s needs cannot be met in a day setting, and those needs are educational, parents should not automatically be asked to sign a Section 20 agreement.
Where residential provision is required to meet special educational needs, the placement should be considered through the EHCP process.
If a residential placement is named in Section I of an EHCP on educational grounds, the local authority is responsible for securing and funding that placement.
Section 20 allows a local authority to accommodate a child through social care, usually where a child cannot live at home or requires support from children’s services.
It is not the mechanism designed to secure residential education where the need for the placement is educational.
In practice, there can sometimes be discussions between education and social care departments about how funding will be divided. For example, social care may suggest contributing part of the cost, with education funding the remainder.
If a residential placement is named in Section I of an EHCP on educational grounds, then the local authority is responsible for securing and funding that placement.
Behind the scenes arrangements between departments are a matter for the local authority, not for parents to manage through a Section 20 agreement.
Being asked to sign a Section 20 agreement can have significant implications. It is important for parents to understand whether the placement being sought is a social care arrangement or an educational placement required to meet special educational needs.
If a residential placement is necessary for educational reasons and is specified in an EHCP, it should be treated and funded as such.
If you are being asked to sign a Section 20 agreement in connection with a residential placement, or would like advice about securing residential provision through an EHCP, our specialist Education Law team can advise you on the position and possible next steps.
The full video, featuring Beverley Watkins answering this parent question, is available above and on our Education Law TikTok channel.
If you are being asked to sign a Section 20 agreement in connection with a residential placement, or would like advice about securing residential provision through an EHCP, our specialist Education Law team is here to help.
You can contact us by emailing education@watkinssolicitors.co.uk or calling 0117 939 0350 to discuss your situation and next steps.
Our Education Law TikTok features short videos from the Watkins Solicitors Education Law team answering common questions about EHCPs, SEND provision, school placements, Annual Reviews and SEND Tribunal appeals.
Follow @watkinssolicitors.sen for practical explanations from our specialist team and to see our latest SEND and Education Law videos.