Overview of Adoption Breakdown
If you are an adoptive parent reading this article, then you are probably feeling as bad as you ever have in your life. All the dreams you had when you started life with your adopted child (AC) may now seem like a distant memory. Instead, the reality might include constant lying, food hoarding and theft, missing episodes, police interventions, false allegations, child-to-parent violence, and the necessity of securing your home to protect yourself and others. The list is not exhaustive, and you should not believe anyone who tells you this is ‘normal’ teenage behavior—because it is not.
Social workers (SWs) may suggest that the challenges you are facing are due to your parenting style and recommend therapeutic courses. However, while some approaches may work for certain children, others simply do not respond, and it is not your fault. Some SWs might even claim that adoptions do not break down, but they do—there are hundreds of us who have gone through this experience. If you are reading this, you are likely desperate and seeking answers. This article aims to explain the adoption breakdown process, particularly the Section 20 (s20) legal provision, and prepare you for what might lie ahead.
Disclaimer: We are not solicitors, and nothing in this article constitutes legal advice. While much of this information applies to adopters across the UK, s20 legislation is specific to England. If you are in this situation, we strongly encourage you to seek legal guidance.
What is S20 and How Do You Request It?
Section 20 of the Children Act 1989 mandates that a local authority must provide accommodation for any child in need if:
No person has parental responsibility for them.
They are lost or abandoned.
The caregiver is unable to provide suitable accommodation or care.
Read the full legislation here https://www.legislation.gov.uk/ukpga/1989/41/section/20
Local authorities often use s20 to place children into care when there are safety concerns. It is a voluntary arrangement, meaning parental responsibility remains with the parents, and they can revoke consent at any time. However, SWs have been criticized for misusing s20 to separate children from parents while minimizing parental involvement afterward.
Many local authorities resist adoptive parents invoking s20, arguing they are not obligated to comply. However, legally, they are. If you find yourself in this situation, persistence is necessary.
Andrea’s Story: The Reality of S20
A Section 20 agreement is a legal right, but the local authority may attempt to delay or discourage parents from proceeding. They often claim no available placements while ignoring the safety concerns of the remaining family members. You must be strong and assertive in your decision.
In our case, social workers attempted to offer alternative solutions, but none addressed our needs. Eventually, my child expressed a desire to leave home, which simplified the process. Some parents have had to refuse their child’s return after missing episodes to force social services into action.
A written request for a s20 must be submitted, and many adoptive parents seek a solicitor’s help to draft it correctly. If this is unaffordable, a self-written letter is still valid. A template is provided at the end of this article.
Challenges & Preparation
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Resistance from Local Authorities
Local authorities frequently refuse s20 requests, citing ‘thresholds’ that do not legally exist. They may try to convince you that you do not qualify, but the law is on your side. Keep records of all interactions with SWs and document instances of violence or behavioral issues.
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Legal Advice
Consulting a solicitor can be beneficial. Many find reassurance in professional guidance, knowing that they are not alone in their struggles. However, be prepared for the LA to resist. Legal support strengthens your case and ensures your rights are upheld.
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Expect Hostility
Expect little empathy from social services. Some parents even report social workers turning on them after years of collaboration. Be prepared for threats, including:
Child Protection measures against your other children.
Accusations of abandonment.
Possible financial assessments for care costs.
Police officers, however, are often more understanding than social workers regarding adoption breakdowns.
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Will It Go to Court?
Once an AC is under s20, the local authority may pursue an Interim Care Order or a Full Care Order, both of which shift legal responsibilities to them. Courts generally favor keeping parental rights intact under s20, but older children may refuse contact, limiting parental involvement. Legal aid is available in these cases.
Andrea’s experience highlights the LA’s tendency to blame parents for breakdowns, but strong legal representation can expose the flaws in their arguments. A judge ultimately recognized that their child was beyond parental control rather than suffering emotional harm from their parents.
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Costs & Aftermath
Solicitors’ fees for initiating s20 typically range between £1200–£1500. However, legal aid covers court proceedings. Once the process concludes, the aftermath can be difficult. While feelings of relief may surface, guilt and grief are common. Some families relocate or seek therapy.
ACs typically enter foster care or residential placements, often receiving the professional support denied to them at home. You will have access to Looked After Child (LAC) review meetings, and as they age, they may qualify for care-leaver support until they turn 25.
Andrea’s son was eventually placed in a therapeutic residential setting, where he thrived. While it was not the family life she had envisioned, it was a solution that worked for everyone.
Final Thoughts
You are not responsible for your child’s struggles. Their early trauma shaped them in ways beyond your control. If you have exhausted all options and reached this point, know that it is not your fault. Many adoptive parents have walked this path before you, and there is hope on the other side.
S20 Request Letter Template
Re: Child’s Name (AC) – D.O.B. xx/xx/xxxx – Request for s.20 Accommodation
Dear [Social Worker’s Name],
We are the parents of [Child’s Name] and are formally requesting that they be accommodated under Section 20 of the Children Act 1989. We can no longer provide adequate care as [he/she] is beyond parental control and presents a risk to both themselves and others in the home.
We would like to arrange a meeting within the next seven days to discuss a planned transition that minimizes disruption. While this decision is heartbreaking, we are not open to further discussions about maintaining the current arrangement.
If no action is taken within 28 days, we will bring [Child’s Name] to [Local Authority’s Office] and notify the police accordingly. We hope to avoid this scenario and look forward to your prompt response.
Sincerely,[Your Name][Your Contact Information]
For more support, visit www.ourpatch.org.uk.