If you are care-experienced, or working in the sector, you’ve probably heard people throwing numbers around like they are nicknames. “He’s on a Section 20,” or “We’re going for a Section 31.”
When you are the young person in the middle of it, these numbers can feel like labels that define you. But they aren’t labels—they are just the legal keys that unlock different doors in the system.
At Looked After Child, we believe that knowledge is power. When you understand the legal language used in your files, you understand your rights. So, let’s break down the “Sections” of the Children Act 1989—the law that underpins almost everything in the UK care system.
Table Of Contents
1. The “Voluntary” Agreement: Section 20
What it is: Section 20 is often called “voluntary accommodation.” It is unique because it doesn’t involve a judge or a court room initially. Instead, it is an agreement between the Local Authority (the council) and your parents (or you, if you are 16+).
How it works:
- No Court Order: The council isn’t “taking” you into care; your parents are agreeing that they need help looking after you for a while, or you don’t have anyone else to care for you right now.
- The Power Dynamic: Because there is no court order, your parents technically keep “Parental Responsibility.” This means they still have a big say in how you are raised.
- The “Right to Withdraw”: In many Section 20 cases, parents can remove a child from care at any time without asking a judge (unless the council feels it’s dangerous and steps in with a police order).
- If you are 16 or 17: You have much more say. You can agree to a Section 20 yourself, even if your parents don’t want you to.
The Reality Check: Sometimes Section 20 is used as a temporary fix while the council decides if they need to go to court for a Section 31. Read our full guide on Section 20
2. The “Full Care Order”: Section 31
What it is: This is what most people think of when they hear “in care.” A Section 31 is a Care Order granted by a Family Court Judge.
How it works:
- The Threshold: The judge will only grant this if they believe you are suffering, or are likely to suffer, “significant harm.”
- Parental Responsibility: The big change here is that the Local Authority gains Parental Responsibility. They now share it with your parents, but the Local Authority has the final say on where you live (foster care, residential, etc.) and major decisions about your life.
- Long Term: Unlike Section 20, a Care Order usually lasts until you turn 18, unless the court discharges it earlier.
Read our full guide on Section 31
3. The “Emergency” Breaks: Section 44 & 46
Sometimes, social workers or police feel a child is in immediate danger and can’t wait for a normal court hearing.
- Section 46 (Police Protection): Police have the power to remove a child to a safe place (like a foster home) for up to 72 hours. They don’t need a court order to do this—it is an emergency power.
- Section 44 (Emergency Protection Order – EPO): This is a quick order from a court that lasts up to 8 days (extendable by 7 more). It grants the council immediate control to keep a child safe while they figure out the next steps.
Read Our Full Guide on Section 44
4. The “Investigation”: Section 47
You might see “Section 47” mentioned in old files. This isn’t a type of care; it’s an investigation. also known as a child protection
If a social worker suspects a child is suffering significant harm, they are legally required to carry out a “Section 47 Enquiry.” This is the process of talking to teachers, doctors, and parents to decide if they need to take action (like applying for a Section 31).
5. Section 38 (Interim Care Order)
This is temporary. The judge only needs to see “reasonable grounds” for concern. It is used during the investigation.
You can read our full Guide On Section 38
5. The “Support” Net: Section 17 (Child in Need)
Technically, if you are under Section 17, you are not “Looked After” (in care). You are classed as a Child in Need.
This means you are living at home, but the council is providing extra support—like family support workers, money for essentials, or respite care—to keep the family together and prevent you from needing to come into care.
Why Does This Matter?
Knowing the difference between Section 20 (an agreement) and Section 31 (a court order) changes how you advocate for yourself. It changes who has the legal right to sign your permission slips, who decides where you live, and what happens when you turn 18.
Your file might be full of section numbers, but you are not a number. You are the expert on your own life.
Do you have experience with these sections? Did anyone ever explain them to you when you first entered care?
Join the conversation and share your story with us.
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