Designated Family Judge in Leicester issues practice guide on use of s.20 CA

The Leicester Designated Family Judge, His Honour Judge Bellamy, has issued a local practice guide on section 20 of the Children Act 1989.

The guidance has been issued “in the light of recent developments in case law in respect of the use (and misuse) of s.20… by local authorities when children are voluntarily accommodated in their care”.

It notes that the use of s.20 has been the subject of judicial scrutiny and criticism in a number of cases in the last three years, which had led to judicial guidance - notably from Sir James Munby, President of the Family Division – on its proper use. Judge Bellamy’s practice guide reflects on that judicial guidance.

The misuse of s.20 has in the recent past led to awards of damages against councils under s. 7 of the Human Rights Act 1998.

“A key objective of this Practice Guide is to ensure that in their use of section 20 local authorities treat children and families fairly and act in accordance with the law,” HHJ Bellamy says.

The guide, which can be downloaded here, was agreed between the judge, Leicester City Council and Leicestershire County Council.

See also:

Section 20 of the Children Act 1989 - local authority duties by LexisPSL Local Government and Claire Cousin

Section 20: Conscious uncoupling - Justin Slater of 7BR Chambers on Sir James Munby's comments