If you are an adoptive parent reading this article, then you are probably feeling about as bad as you have ever felt in your life. All the dreams you had when you started life with your adopted child (AC) are probably a distant memory, and the reality might look something like this: your AC lying constantly; hoarding and stealing food; stealing money and your credit cards; missing episodes; the police bringing your child home at stupid o’clock in the morning, sometimes in handcuffs; you being arrested because of false allegations; child-to-parent violence; locking away all knives, lighters, alcohol, and valuable items that can be sold for the price of a vape; locks on your bedroom doors to keep you and other kids in the house safe; CCTV outside your house and inside the communal areas too; pets and other kids being hurt; drug use; grooming; and sexual exploitation.
This is not an exhaustive list, and do not believe anyone who tells you this is ‘normal child/teenage behaviour.’ It’s not. Do not believe any social worker (SW) who tells you it must be your fault and you just need to do a therapeutic parenting course. It’s not your fault, and even if you try every course under the sun, for some of our kids, it just won’t work. Do not believe any SW who says that adoptions do not break down—they do. It’s called ‘Breakdown,’ and there are hundreds of us out there who have disrupted.
Is it easy? No. You may not even be quite at that point yet, or you can’t face the fact that you are even thinking like this. But the fact that you are reading this means that all is not well, and you are most likely desperate. This article is here to explain the adoption breakdown process, to help you understand what a Section 20 (s20) is all about, and to prepare you for what might lie ahead if you decide to go down this road.
We are not solicitors, and nothing in this article should be considered legal advice. While much of this information applies to adopters in crisis throughout the UK, particularly the details regarding the actions of social services, the legislation in question, s20, is relevant to England only. The devolved nations have slightly different legislation. There are solicitors familiar with Adoption Breakdown, and we strongly recommend anyone in this situation seek good legal advice.
The information that follows is an attempt by many of us who have unfortunately lived through an s20 experience to help others in the same position by sharing what it’s like to go through it, warts and all. Please note that we said, ‘lived through an s20,’ because it is possible to get through it, and life can be better, in time.
Andrea’s Story
Woven through this article is Andrea’s story. It contains the personal journey and reflections of an adopter prepared to share her family’s experience so that you can be prepared. We know that everyone’s situation and story is different, and there is no ‘one-size-fits-all’ for adoption breakdown. But hopefully, what follows will help you.
What is S20 and How Do You Request It?
S20 refers to a part of the Children Act 1989:
20 Provision of accommodation for children: general.
(1) Every local authority shall provide accommodation for any child in need within their area who appears to them to require accommodation as a result of:
(a) there being no person who has parental responsibility for him;
(b) his being lost or having been abandoned; or
(c) the person who has been caring for him being prevented (whether or not permanently, and for whatever reason) from providing him with suitable accommodation or care.
The legislation can be found here: Children Act 1989, Section 20
It places a duty on a local authority to accommodate or house a child when the parents can no longer care for the child. A child is any young person under the age of 18 years. Social workers often use s20 to take children into care if they are worried about their safety. They will persuade a parent that it might be best if the child went to foster care or another arrangement for a while until things settle down in the family. They will point out how s20 means a parent retains full parental responsibility, and a parent can revoke it at any time. However, courts have criticised social workers for misusing this legislation to take children into care without properly involving parents afterward.
Often, social workers and local authorities dislike it when adoptive parents use this legislation to declare that their AC is beyond parental control and request accommodation for everyone’s safety. Legally, however, the local authority has a duty of care to accommodate the child.
Andrea explains:
“A Section 20 is where a child is taken into the care of the local authority, and the choice has been made by those with parental responsibility. The local authority has a duty of care to do this, no matter what they might say to the contrary.”
For a detailed continuation of Andrea’s story, as well as insights into complications, local authority reactions, and what to consider before taking these steps, please visit PATCH – Passionate Adopters Targeting Change with Hope.
Suggested Template for S20 Request
For those unable to afford solicitors’ fees, a suggested template for requesting s20 accommodation is available on our website. This template outlines how to frame your request legally and clearly to local authorities.
This has been written and compiled by Andrea and Chloe for PATCH – Passionate Adopters Targeting Change with Hope. If you are struggling, remember, you are not alone, and there is a way forward.