Tag Archives: consent

The Social Worker tells me my child needs medical treatment?

This post looks at the legal and practical difficulties parents may face if they disagree with doctors or social workers about the medical treatment their child needs.  Doctors cannot examine or treat anyone without getting consent, unless the situation is life threatening and urgent. Medical intervention can range from the trivial to the really serious and the further up the scale of intervention you go, the more likely you are to encounter disagreements about the best way forward. Who gets to decide and how?

The case of Ashya King

For more detail about Ashya King’s case see this post from the Transparency Project.

The  issue of managing disagreements between parents and doctors came to the fore in September 2014 with the case of Ashya King,  a five year old boy who was being treated for cancer in the UK. His parents and the hospital could not reach agreement about the best treatment options for Ashya; his parents removed him from the UK to seek treatment abroad and were then arrested after the hospital informed the police and the local authority (LA) of their disappearance.

The LA applied for Ashya to be made a ward of court, which meant that no decision could be taken about his treatment without permission from the court. Upon arrest, Ashya’s parents were kept apart from their son for several days. The case caused enormous concern both in the UK and internationally. Of particular concern is the parents’ view that they had no choice but to leave in the way they did as they were alarmed by the hospital suggesting that the LA would need to get involved, even to apply for an emergency protection order. It is clear that the working relationships between the parents and the doctors must have seriously deteriorated, if not broken down completely.

When the case came before Baker J on September 8th he discharged the wardship. He found that the earlier decision to make Ashya a ward of court was justified on the information that the court had before it. But now the position had changed; there was a clear treatment plan which was not opposed by either the LA or Ashya’s guardian. The Judge could not comment on the desirability of issuing a European arrest warrant which resulted in the parents’  detention, but commented that it was clearly not in Ashya’s best interests to have been separated from his parents.

 

So what happens if you disagree with the treatment proposed by professionals?

The importance of consent.

The fundamental principles of consent were discussed in the case of A (Children) [2000]. Every adult person of sound mind has the right to say what can and can’t be done to his body. Without consent, medical examinations or procedures are unlawful – they are either the criminal offence of assault or the civil offence of trespass to the person. Therefore it is very clear that consent must be given to any kind of treatment or examination unless its an emergency and doctors say they had to act out of ‘necessity’.

Consent is only valid if it is:

  • voluntary – given freely;
  • informed – understanding the implications of consenting;
  • and the person giving it has capacity – they are capable of making decisions.

 

Who does not have capacity?

  • Children, unless found to be  ‘Gillick competent’  do not have the capacity to consent to treatment.  A child will have capacity only if he or she is able to understand the nature, purpose and possible consequences of the treatment proposed.
  • Adults may not have capacity as defined by the Mental Capacity Act 2005,  if they can’t make their own decisions because of some problem with the way their brain or mind is working. This could arise due to illness, disability or exposure to drugs/alcohol. It doesn’t have to be a permanent condition.

An example of a situation where an adult was found not to have capacity to consent to medical treatment, is the ‘forced C-Section’ case of 2013 (see P (A Child) [2013) where the pregnant mother was experiencing serious mental health difficulties and the hospital were concerned about the risks of a natural birth in such circumstances.

 

Who do doctors ask if the patient doesn’t have capacity?

They will need to get:

  • consent from someone who has parental responsibility (PR) for the child; or
  • permission from the court in the case of an adult who lacks capacity or where there is a dispute between adult carers of the child.

 

Parental Responsibility

Parental responsibility is defined at section 3 of the Children Act 1989. The British Medical Association (BMA) ethics guidance from 2008 describes PR in these terms:

  • Parental responsibility is a legal concept that consists of the rights, duties, powers, responsibilities and authority that most parents have in respect of their children. It includes the right to give consent to medical treatment, although as is discussed below, this right is not absolute, as well as, in certain circumstances, the freedom to delegate some decision-making responsibility to others. In addition, competent children can consent to diagnosis and treatment on their own behalf if they understand the implications of what is proposed (see below). Those with parental responsibility also have a statutory right to apply for access to the health records of their child, although children who are mature enough to express views on the issue also need to be asked before parents see their record. Parental responsibility is afforded not only to parents, however, and not all parents have parental responsibility, despite arguably having equal moral rights to make decisions for their children where they have been equally involved in their care.

In theory, doctors only need consent from one person with PR to go ahead with treatment. However this will rarely be a wise course of action if there are strong objections from others who have involvement in the child’s upbringing. The best ethical option in cases of dispute, is  to apply to the court  for an order to either allow or refuse the treatment in question.

An example of such application to court can be found in the case of Neon Roberts, whose parents disagreed about the best way to treat his cancer. Parents may also disagree about specific medical interventions, such as circumcision or blood transfusions on religious grounds.

While the parties are waiting for a court decision regarding treatment, doctors should only provide emergency treatment that is essential to preserve life or prevent serious deterioration of health.

If the doctors consider that by refusing consent to treatment you are not acting in your child’s best interests, they will need to raise this issue with the LA who may need to consider issuing care proceedings.

 

Further information for doctors and patients.

The British Medical Association (BMA) publishes guidelines and can be contacted for advice.

  • BMA members may contact: 0300 123 1233 or British Medical Association Medical Ethics Department BMA House, Tavistock Square, London WC1H 9JP Tel: 020 7383 6286 Email: ethics@bma.org.uk.
  • Non-members may contact: British Medical Association Public Affairs Department BMA House, Tavistock Square, London WC1H 9JP Tel: 020 7387 4499 Email: info.public@bma.org.uk

 

What if I am sharing PR with the LA?

If a care order has already been made then you share PR with the LA. It is clear that it would be unwise for doctors to feel they need only seek permission from the LA, particularly if the proposed treatment is significant. Efforts should always be made to reach agreement, particularly if the proposed medical intervention is not going to involve significant impact on a child’s bodily integrity.

If you don’t feel able to agree to relatively simply medical procedures or assessments, that may raise question marks in the minds of the professionals about how you are discharging your parental responsibility. It is not difficult to see how such situations can spiral out of control (as in the case of Ashya King above) with parents being very suspicious of doctors and vice versa. As ever, good communication is the key; if you are worried about a particular procedure, say so and say why. Ask for further explanation and discussion.

If agreement just isn’t possible, again applying to court may be the only option. The LA cannot simply make any decision they like even when they do share PR under a care order. They can only act when it is ‘necessary’ to safeguard or promote the child’s welfare. See section 33(4) of the Children Act 1989 and considerations of proportionality under Article 8 of the ECHR. The LA also remain under a duty to consult parents before making any serious decisions about a child who is subject to a care order. 

See this case from 2013 where Kingston on Hull City Council were subject to a successful judicial review of their failure to consult parents. The Judge made clear at paragraph 58 his views about the duty to consult:

  • I have made it clear that there is a duty upon a local authority to consult with all affected parties before a decision is reached upon important aspects of the life of a child whilst an ICO is in force. I have been shown the guidance issued by HM Government to local authorities in 2010 [The Children Act 1989 Guidance and Regulations] where there is valuable material available to social workers about how to approach their difficult task in this regard. Paragraph 1.5 provides (inter alia): “Parents should be expected and enabled to retain their responsibilities and to remain closely involved as is consistent with their child’s welfare, even if that child cannot live at home either temporarily or permanently.” … “If children are to live apart form their family, both they and their parents should be given adequate information and helped to consider alternatives and contribute to the making of an informed choice about the most appropriate form of care.”

Principles of law when there is disagreement about the treatment a child needs.

If it is not possible to reach agreement, the court will have to make a decision about what kind of treatment/intervention is in the best interests of the child. Baker J set out the relevant principles to be applied in such cases (see para 29 of his judgment in September 2014):

  • The child’s welfare is the most important issue before the court ;
  • The court must also have regard to the child’s rights under the ECHR; most pertinently the right to life under Article 2 and the right to respect for family and private life under Article 8;
  • Responsibility for making decisions about children rests with the parents and the state should only interfere if the child is suffering or at risk of suffering significant harm.

For consideration of how the court should approach a case when doctors wish to stop giving life sustaining treatment to a seriously ill child, see the case of Kirklees Council v RE  [2104].

What does ‘section 20’ mean? And when should it be used?

Basically,  section 20 of the Children Act 1989  is about the LA’s duty to provide a child with somewhere to live because the child doesn’t currently have a home, or a safe home:

  • there isn’t anyone who has parental responsibility for him (for e.g. an asylum seeking child who has come to the UK on his own);
  • the child has been lost or abandoned;
  • the person who has been caring for the child can’t provide him with a suitable home, whatever the reason for this and regardless of whether this is short term or long term problem.

It is a very important section with regard to care proceedings, because it often happens that a local authority (LA) will ask parents to sign a ‘section 20 agreement’. This means the parents are agreeing to let their children live somewhere else, usually in LA foster care, while the LA carries out more investigations or the parents get some time to sort themselves out (‘respite care’).

The child is therefore out of the parents’  care without the need for the LA to go to court and get the Judge to make a care order. Because the court is not involved to oversee this, it’s very important that section 20 agreements are used properly and don’t become a way of letting the case drift on without proper consideration or getting a care order ‘by the back door’.

We discuss these issues further below. We will examine:

  • What is the impact of section 20
  • What have the courts said about the requirements of section 20
  • When it goes wrong
  • What you can do if its going wrong

On 24th February 2016 the Transparency Project published Guidance for parents and professionals about the use of section 20, which you can download here.

There has been some controversy about ‘foster to adopt’ placements where section 20 is used to put a child in such a placement before the matter gets to court. You can read more about this, and the report of the Family Rights Group here. 

 

Impact of section 20: the BIG difference between section 20 and a care order – the LA does NOT have parental responsibility

  • Section 20 accommodation is very different to your child being removed from your care against your will under a care order. The LA do NOT share parental responsibility for your child just because you have agreed that your child should be in foster care under a section 20 agreement.
  • Under section 20(8) any person who has parental responsibility can remove the child from LA accommodation at any time unless there are objections to this by someone who has a child arrangements order to say the child lives with him/her (what used to be called a ‘residence order’), a special guardianship order or has care of the child by a special order of the High Court.
  • Section 20(4) says that the LA may provide accommodation for any child in their area, even if the child has a parent who is able to provide accommodation, if the LA thinks that they need to do this to keep the child safe.
  • Section 20(7) provides that the LA cannot provide accommodation for a child if there is someone who has parental responsibility for the child and objects to the LA providing the accommodation.

So if the parents won’t agree to section 20 accommodation, their child can only be removed by court order or by the intervention of the police using their special powers.

Problems have arisen when parents feel they have been ‘rushed’ or even bullied into making a decision to agree to let their children be accommodated under section 20. Sometimes, LA get consent from only one parent but the other objects. A LA should always try to get the consent of everyone who has parental responsibility.

 

What do the courts say? Section 20 is only lawful if the following requirements are met.

A very important case when considering how section 20 should work is the case of Coventry City Council v C, B, CA and CH [2012]. This should be read together with the case of Williams and Another v London Borough of Hackney [2015]. See also the case of Medway Council v M and T [2015] which appears to be the highest amount of compensation paid for unlawful use of section 20 – £20K to both mother AND child.

In the Coventry case, Mr Justice Hedley gave guidance about what should happen if a LA want to remove a baby immediately or soon after birth – it can be appropriate to use section 20 in these circumstances but obviously it is vital to make sure the parents understand what is being proposed and give real consent. The Hackney case concerned a section 20 agreement that had been signed under duress and without the parents understanding what they were signing. Both cases provide important general guidance to follow in all section 20 cases.

EDIT 26th January 2017the Hackney case was overturned on appeal in December 2016. The case involved parents of 9 children who were taken into foster care in 2007 after the police intervened saying the home conditions were not suitable for the children to live in. Thereafter the parents pursued action against the local authority, saying it had acted unlawfully by taking the children into foster care under section 20 of the Children Act. In 2015 the court decided Hackney was in breach of its statutory duty and awarded the parents £10,000 each. In addition, Hackney was ordered to pay 75% of their costs. Hackney appealed.

The Court of Appeal agreed with Hackney and pointed out that the word ‘consent’ does not appear in section 20  – the relevant word is ‘objects’. At the time the children were accommodated pursuant to section 20, the parents were subject to bail conditions that prevented them from providing suitable accommodation for their children. Their consent was not required in these circumstances. There was no breach of the HRA and damages should not have been awarded.

However the Court of Appeal stated that guidance from other cases about issues of ‘consent’ was still relevant.

Summary of legal principles from the case law 

  • Parents must give valid consent to section 20 accommodation; their agreement must be ‘real’ – but note Court of Appeal decision in Hackney where the parents were subject to bail conditions that meant they were prevented from offering a home to their children. Consent was not an issue in these circumstances. If parents are prevented from ‘objecting’ to section 20 accommodation this may be enough to make it lawful.
  • The parents must understand what they are agreeing to; they must have ‘capacity’
  • The parents must have all the relevant information
  • Removing a child under section 20 must be fair and proportionate
  • Parents must be told they have a right to take legal advice
  • Parents must be told they have a right to withdraw their consent

 

These principles are dealt with in more detail below.

Agreement must be real – parents must give valid consent to section 20 accommodation

  • Every parent who has capacity has the right to give consent under section 20 to have their child accommodated by a LA (for a discussion of what is meant by ‘capacity’ see our post on the Mental Health Act 2005);
  • Every LA has the power to accommodate a child, if to do so is consistent with the child’s welfare.

The parent giving consent must have capacity – they must understand what they are agreeing to

  • every social worker obtaining a parent’s consent is under a personal duty to be satisfied that the person giving consent has the capacity to do so;
  • The social worker must actively consider the issue of capacity and consider the questions raised by the Mental Capacity Act 2005 at section 3 and in particular the person’s capacity to use and weigh all the relevant information;
  • If the social worker has doubts that the person has capacity they should stop trying to obtain consent and seek advice from the Team Leader or Management.

The parent must have all the relevant information to be able to agree

If the social worker is satisfied the parent is able to agree, the next question is whether the consent is ‘fully informed’. Does the parent:

    • understand the consequences of consent or refusal?;
    • appreciate the full range of choices available?
    • know about all the relevant facts?

If the social worker is not satisfied the parent is ‘fully informed’ again, no further attempts should be made to obtain consent and further advice should be sought, including legal advice if necessary.

The decision regarding section 20 accommodation must be fair and proportionate

  • If the consent is considered to be fully informed, the social worker must then be satisfied that the giving of such consent and subsequent removal of the child is fair and proportionate.
  • To answer that question, the social worker should consider the current physical and psychological state of the parent, whether or not they have a lawyer, or have been encouraged to seek legal advice, whether it is necessary for the child’s safety to be removed at this time or whether it would be fairer to seek a care order from the court.

The parents must be told they have a right to legal advice and can withdraw their consent at any time.

See para 65 of the Hackney judgment:  a section 20 agreement HAS to convey that the parents have the right to withdraw their consent. He also sets out that the parent needs to be told of their right to take legal advice. Otherwise their apparent ‘consent’ to section 20 may be no consent in reality.

When it goes wrong

The parents didn’t understand what was going on

For a case that went badly wrong, when the LA did not make sure the parents were supported to understand what was going on, see the case of H (A Child – Breach of Convention Rights: Damages) [2014]. The parents were awarded damages of £6,000 for breach of their human rights in a case that drifted due to unacceptable use of section 20 accommodation.

The court had real doubts about the reality of the parents’ consent in the case of P (A Child: Use of section 20) [2014] EWFC 775. The Judge commented at paragraph 32:

Finally, I would also add that on my assessment of the undisputed facts in this case there is real doubt as to whether [the LA] had proper consent from the parents to the accommodation of P after he was removed from the PGF. In the first statement filed by the [LA] there is an acknowledgement that the parents did not want P to be placed in foster care after he had been placed with the PGF. The author of the statement comments that in spite of this knowledge once he was moved to foster carers the parents did nothing to come and get him – as if the responsibility was somehow theirs. These parents go everywhere with an advocate. They are vulnerable young people. It is the responsibility of the local authority to ensure that they give proper consent. Unless they abandon their child, they do not give consent by omission. I should add that they have never abandoned him.

When it starts ‘drifting’: Judicial Warning

Sometimes, when a child is in foster care under section 20, that has lead to unacceptable drift and delay in making decisions about the child’s long term future. In the case of H (A Child – Breach of Convention Rights: Damages) it took the LA nearly a year to issue proceedings, while the child was in section 20 accommodation,  a delay that the court decided was both ‘unjustified’ and ‘inexcusable’. Also, the LA did not take enough care to ensure the parents understood what was going on. The parents were awarded £6,000 each for breach of their human rights.

On 26th November 2014 the Designated Family Judge for Avon, North Somerset and Gloucestershire issued the following warning about the use of section 20:

Misuse of accommodation under section 20 of The Children Act 1989

1. There have been several recent instances in this area where it is quite apparent that accommodation of children under Section 20 of The Children Act 1989 has continued in an unstructured way for excessive periods of time and in circumstances where proceedings are either inevitable or otherwise highly likely to be issued. I regard such accommodation in those circumstances to be unprincipled and wrong. Further, where this occurs, it leads to unjustifiable delays in the completion of arrangements for the child concerned.

2. I refer, in particular, to the decision of Hedley J in Re CA (A baby) [2012] EWHC 2190 in which guidance is given about the use of accommodation under that section. It includes guidance that the Local Authority should consider: ‘Would it be fairer in this case for this matter to be the subject of a court order rather than an agreement’. That question should be read as if the word ‘fairer’ were to be expanded so that the question reads: ‘Would it be fairer and in the better interests of the child in this case for this matter to be the subject of a court order rather than an agreement?’ It is not in the interests of a child for accommodation to be used in the unstructured way that I have described in paragraph one above.

3. Therefore, in any cases before District Judges or Magistrates in this area where there is any significant suggestion that accommodation under section 20 has been misused in the manner that I have described, the case should be listed before a Circuit Judge following the Case Management Hearing. Circuit Judges are encouraged to give judgments on any such issues that arise before them on referral or on a CMH listed before them. Where possible and appropriate, the judgments should be placed on Bailii in accordance with the transparency provisions. I consider it to be in the public interest that any such misuse of accommodation under that section should be made public.

HHJ Wildblood QC – 26th November 2014.

In the case of P (A Child: Use of section 20) [2014] EWFC 775, the child had been in section 20 accommodation for 2 years whilst the case drifted. Then there were enormous problems in getting another LA to agree to help the parents with housing. The Judge commented at para 30:

It goes without saying that it is totally inappropriate for a local authority to hold a child in s. 20 accommodation for 2 years without a plan. That is what happened here. The local authority has “disabled” these parents from being able to parent their child with every day of inactivity that has passed. The driver for the issue of proceedings was the parents’ lawyers making clear that they did not give their consent. To its credit LBR, during the hearings before me, has accepted its errors in this regard and has tried to make good but there needs to be a careful examination internally of how it was this family was treated in this way.

In these situations it is the local authority that holds all of the power. I think it likely the mother was told that if she did not agree to P’s accommodation then the LBR would issue proceedings. Parents are unlikely to want to drive the local authority to issue proceedings and so the vulnerable are left almost powerless to object. Meanwhile the child is “parked” and the local authority is under no pressure or scrutiny to ensure that it is dealing with the case in an appropriate and timely fashion. In my capacity as DFJ for East London I warn that there will be nowhere to hide for those authorities in this designated family area who fail the children in their borough in this way.

There was further serious criticism about the misuse of section 20 in the case of A (A Child) in 2015 where the President of the Family Division stated at paragraph 99 of his judgment:

Quite apart from all the other serious failures, the delay in this case was shocking. A was born on 11 January 2014. There had – appropriately and commendably – been much pre-birth planning. Yet it was not until 16 September 2014 that the care proceedings were issued. This delay is, to all intents and purposes, unexplained. The gap was covered by the local authority’s use of section 20 in a way which was a misuse, indeed, in my judgment, an abuse, of the provision.

There is, I fear, far too much misuse and abuse of section 20 and this can no longer be tolerated. I draw attention to the extremely critical comments of the Court of Appeal in Re W (Children) [2014] EWCA Civ 1065, as also to the recent decision of Keehan J in Northamptonshire County Council v AS and Ors [2015] EWHC 199 (Fam).

Unfortunately, its still going wrong. HHJ Wildblood QC identified what had gone awry in Bristol City Council v S [2015]

  • The circumstances of the children were allowed to drift in the pre-proceedings stage and the use of section 20 of the Children Act 1989 was too prolonged.
  • The absence of a meeting of professionals from the Local Authority’s Children’s and Adults’ Services in the early stages of the Local Authority’s intervention.
  • A lack of understanding of The Care Act 2014.
  • There were inadequate assessments of the mother in the pre-proceedings stage. If there was insufficient information available to the local authority for it to formulate a satisfactory care plan at that stage a proper and full psychiatric assessment of the mother should have taken place within the pre-proceedings stage. It should not have been left to the time of the proceedings.
  • The apparent lack of information held by Dr. S as to exactly what has been provided to the mother by way of therapy within the community.

 

It’s going wrong and you don’t agree to section 20 anymore

If you don’t want your child in foster care any more then you can stop agreeing at any time. BUT this may mean that if the LA aren’t happy with you taking your child home, they may want to try to stop you.

To do this lawfully, there are only two options:

  • The LA try to persuade the police to exercise their powers to take a child to a place of safety for up to 72 hours;
  • OR the LA will have to apply to court for an order.

If they think the situation is urgent they might apply for an Emergency Protection Order. See our post on interim removals.

In some situations, parents might be better off if there was an application for a care order – this will ensure the matter is now subject to a strict court timetable and a judge will be in charge of making decisions. Being involved in care proceedings will also mean parents can get free legal advice and representation.

The LA want me to sign a ‘written agreement’.

Often section 20 agreements go hand in hand with other written agreements; for example, setting out what the LA would like the parents to do or stop doing, while their child is in foster care. These documents don’t have any specific legal force but they are often relied on in evidence in later care proceedings to show how co-operative (or un co-operative) the parents have been and therefore, how much they can be relied on in the future.

Written agreements should not be used to get care orders ‘by the back door’. See the case of Re W [2014] for discussion about this. Also, read this blog post by suesspicious minds for further consideration about written agreements and their consequences.

His advice to parents is:

  • Don’t sign one unless you understand every single bit, and you’ve been told clearly what will happen if you don’t stick to it;
  • If you have a lawyer, you should ask for legal advice BEFORE you sign it. If you don’t have a lawyer, say that you want the Local Authority to hold a Meeting Before Action, so that you can have free legal advice about the agreement;
  • If you think that something isn’t fair, say so;
  • If you’re willing to do what is being asked, but you want help, ask for that help to be identified and put in the agreement;
  • Never ever sign a written agreement if you don’t intend to stick to it – your position is made worse by signing it and not doing it than by not signing it.

 

 

Section 20 – other issues

Watch out for section 22 of the Adoption and Children Act 2002

There can be serious consequences flowing from section 20 accommodation and parents need to be aware of these. In particular, parents will need to bear in mind section 22 of the Adoption and Children Act 2002 which states that if a LA is providing accommodation for a child, the LA MUST apply for a placement order if :

  • they think the conditions of section 31 of the Children Act are met (significant harm);
  • and they are satisfied the child ought to be placed for adoption.

See further LB v London Borough of Merton [2013] EWCA Civ 476.

See further discussions at The Transparency Project about the ‘foster to adopt’ controversy, where parents may agree to place babies in such a placement, under section 20, therefore without the oversight of the court.

 

Review and monitoring of section 20 accommodation.

Under the Review of Children’s Cases Regulations the LA must appoint an Independent Reviewing Officer (IRO) to carry out the functions in section 26(2A) of the Children Act 1989;

  • participating in the review of the case in question;
  • monitoring the performance of the LA’s functions in respect of the review;
  • referring the case to Cafcass, if the IRO thinks it is appropriate.

Every case must be reviewed within 4 weeks of the child being provided with accommodation and a second review must follow after that within 3 months. After this second review, the reviews must be at least every six months. The LA should be considering whether or not the child can go home at these review meetings.

The IRO is under a duty to:

  • make sure that the child’s views are understood and taken into account;
  • to identify who is responsible for making sure decisions taken in the review get acted upon;
  • inform senior management at the LA if reviews are not properly carried out;
  • to assist the child to obtain legal advice; or
  • to find out whether an appropriate adult is able and willing to provide such assistance or bring the proceedings on the child’s behalf.

 

Making parents pay for section 20 accommodation?

For consideration of the very odd situation outlined by Schedule 2 of the Children Act, see this excellent blog post by suesspicious minds.  Such charges can’t be imposed on any parent who is receiving state benefits and they don’t apply to any child subject to a care order.

The Schedule reads:

Schedule 2 para 21. —(1) Where a local authority are looking after a child (other than in the cases mentioned in sub-paragraph(7)) they shall consider whether they should recover contributions towards the child’s maintenance from any person liable to contribute (“a contributor”)

Parents on bail: condition not to contact their children

The court initially stated in  Williams and Another v the London Borough of Hackney [2015] that the LA should still get informed consent to section 20 accommodation, even when the parents were subject to bail conditions that meant they could not have unsupervised contact with their children. This was overturned by the Court of Appeal who pointed out that the statute uses the word ‘object’ not ‘consent’ and the parents clearly couldn’t ‘object’ to the LA providing their children with accommodation, when they were prevented by their bail conditions from giving them a home.  See discussions above.

 

Further reading