Learning Objectives

By the end of this lesson you will be able to:

  • Know that there are different ways of being in care.

  • Understand Section 20 and Care Orders.

  • Know what parental responsibility means.

  • Know that you can ask questions about your care.

Not every young person comes into care in the same way.

You might hear adults use words like Section 20, Care Order or parental responsibility.

These might sound complicated, but they are simply ways of explaining how you are being cared for and who can make important decisions about you.

Different Ways of Being in Care

Not every young person comes into care in the same way.

There are different legal arrangements that allow the council to look after a young person.

A legal arrangement is simply the set of rules that explains things like:

  • Why the council is looking after you.

  • Who can make important decisions about you.

  • What role your parents or carers have.

  • Whether a court is involved.

Let's look at some of the words you might hear.

Section 20

You might hear someone say:

“You are accommodated under Section 20.”

Section 20 is part of a law called the Children Act 1989.

It allows the council to provide somewhere for a young person to live when their parent, or another person with parental responsibility, agrees to this.

Under Section 20:

  • The council provides you with care and somewhere to live.

  • Your parents keep parental responsibility.

  • There isn't a Care Order giving the council parental responsibility.

What Does This Mean for Me?

It means the council is looking after you, but your parents still have legal responsibility for you.

Your Social Worker can explain what this means for decisions about your own life.

Did you Know?

You can ask adults to stop using complicated words.

Professionals sometimes use words and shortened names that they use every day.

If someone says something you don't understand, you can say:

“Can you explain that in a simpler way?”

You don't have to pretend you understand.

Care Orders

Sometimes a court is involved in deciding how a young person should be cared for.

A court can make a Care Order. This means the council shares parental responsibility with your parents.

You might also hear about an Interim Care Order (ICO). This is a temporary order that can be used while the court decides what should happen next.

Remember

If a court is involved, it doesn't mean you're in trouble.

The court is there to make decisions about your care and safety.

What Is Parental Responsibility?

We've mentioned parental responsibility a few times.

It sounds complicated, but the basic idea is quite simple.

Parental responsibility means having legal responsibility for a child and being able to make important decisions about their life.

These decisions can include things like:

  • Where you live

  • Your education

  • Your health and medical care

  • Your care and safety

  • Some decisions about travel

Who has parental responsibility depends on your own situation.

Who Makes Decisions About Me?

There isn't one answer for every young person.

Depending on your care arrangement, decisions might involve:

  • Your parents.

  • The council.

  • Your Social Worker.

  • Your carers.

  • Other professionals.

  • Sometimes a court.

Different people may also be responsible for different types of decisions.

But there is another person who should be involved:

You.

Adults sometimes have to make decisions because they are responsible for keeping you safe.

That doesn't mean your thoughts don't matter.

You should be given the chance to say:

  • What you think.

  • How you feel.

  • What is important to you.

  • What you're worried about.

  • What you would like to happen.

We'll look much more closely at your rights and having your voice heard in Lesson 4.

What If I Don't Know What Type of Care I'm In?

That's okay.

Lots of the words used in care can be confusing.

You don't need to remember the name of every law or legal order.

But you do have the right to understand your own situation.

You could ask your Social Worker:

“What type of care arrangement am I under?”

“Do I have a Care Order?”

“Who has parental responsibility for me?”

“Who makes decisions about me?”

“What does this mean for me?”

Your Social Worker should explain this in a way that makes sense to you.

Knowledge Check: Lesson 2

Have a go before moving on!

See how much you can remember from this lesson. Think about your answer before clicking to reveal it.

Myth or Fact

  • ❌ MYTH

    Under Section 20, your parents keep parental responsibility.

  • ✅ FACT

    When a Care Order is made, the council gets parental responsibility. Your parents usually keep parental responsibility too.

  • ✅ FACT

    It can be used while a court is still deciding what should happen in the future.

  • ❌ MYTH

    The young person is not on trial. The court is making decisions about their care and safety.

  • ✅ FACT

    You have the right to ask questions and understand your own care arrangements.

Key Takeaways

  • There are different ways of being in care. Your care arrangement depends on your own situation.

  • Section 20 allows the council to look after you while your parents keep parental responsibility.

  • A Care Order gives the council parental responsibility. Your parents usually keep it too.

  • An Interim Care Order is temporary and can be used while a court decides what should happen next.

  • Parental responsibility is about legal responsibility for you and making important decisions about your life.

  • Court involvement does not mean you're in trouble.

  • You have the right to understand your own situation. If you don't understand something, ask someone to explain it.