Section 20 - what does it involve?

Savage Tyrant

I have 3 kids, 6,5 and 3.
I got access and gaurdianship in court a few months ago.
I have since become concerned that my ex is not coping well and that culminated in me applying for a variation of the access order/joint custody as I want the kids 50% of the time so I can be assured they are getting the care they need.
My solicitor said she would ask for a section 20 (the judge would probably order one anyway)

So my question is, what should I expect to happen?
What's the procedure?

cutymonalisa

A Section 20 refers to Section 20 of the Child Care Act 1991. This section of the act basically enables the judge to seek a report from the HSE (and usually a social worker) to ascertain if the HSE need to take steps to ensure the welfare of the child (given the parental conflict) and to identify any supports that may be beneficial to the child’s welfare. In actuality what this really means is that the Judge is looking for someone independent to look at the parental conflict with regards to the access/other issue before the court, assess this, the impact on the child and the child’s wishes and make recommendations to the court. It will involve interviews with both parents, children and checks with people who know the child in their community i.e the SW will likely want to talk to schools etc... this is in order to get a holistic view of the family set up.

Your solicitor should have explained this to you, and it’s disgraceful that you need to suss this out elsewhere. Then again, most are only winging it when it comes to this area of Family Law! All the best OP

snor

What is the difference between a section 47 and section 20 then? Is it just that the section 47 is carried out by a psychologist rather than a Social Wroker?

Savage Tyrant

snor wrote: »

What is the difference between a section 47 and section 20 then? Is it just that the section 47 is carried out by a psychologist rather than a Social Wroker?

I wondered that too.... When my solicitor asked for the section 20, he said "would a section (I thought he said 46) not be more appropriate?" ... To which my solicitor (and my ex's) said would cost us in the region of €1,500 and weren't in position to pay those fees.
What would the difference have been?

cutymonalisa

Savage Tyrant wrote: »

I wondered that too.... When my solicitor asked for the section 20, he said "would a section (I thought he said 46) not be more appropriate?" ... To which my solicitor (and my ex's) said would cost us in the region of €1,500 and weren't in position to pay those fees.
What would the difference have been?

Correct. If a Sect 47 (Family Law Act) report is ordered, the parties to the proceeding pay the professional fee's of the person undertaking the report. Advantage? Report can be available fairly pronto. Section 20's (Child Care Act) are undertaken by the HSE and hence you dont pay BUT its likely to take ages before a SW will even be allocated to undertake the assessment as child protection is prioritised.

Have a look at this OP - it will give you a good idea what a Sect 20 involves from a social work perspective:

http://irserver.ucd.ie/dspace/bitstream/10197/3086/1/Guidelnes%20for%20conducting%20Child%20Centred%20Court%20Reports%20under%20irish%201991%20Sect%2020%20Child%20Care%20Act.pdf

snor

Thanks for clarifying Cutymonalisa. Do you know if judges always take on board the professional's recommendations in the Section20/47 ? I would imagine it would be unwise not to esp if child protection issues are at stake. However, the legal system in this country never fails to amaze me!

cutymonalisa

It really depends on the judge! Some dont even read the report, go through the motions hearing evidence and will go with whatever the recommendation of the report is in the end, others will (rightly) go over it with a fine tooth comb and draw their conclusions in a measured and balanced way. Totally unfair but there you go - your solicitor should have a good measure of what the judge is like in this regards.

concernedmum79

Hi everyone, I am new to this so bear with me.

I have a really big problem with my sons dad, because my little lad is not safe with him, and I can't prove it. My 5 year old has described porn, and sex phone lines and porn on his dads tv to me. There is of course no doubt about what my son is telling me, but I can't seem to get a solicitor to take it seriously. I have applied to vary access, to supervised access. A section 20 was ordered. The Social worker came out, and ended up not recording most of my concerns, and recommended for access to continue. It went before a judge and he didn't read it and just recommended access be continued.

I would never stop my son seeing his dad, only for he is clearly not safe with him. I have been over nice and over accomodating through the years with his dad, which is kind of back firing now. Solicitors are saying, sure you didn't have a problem before etc. When I was just keeping the peace for my sons sake.


I am terrified I will have to let my son off with this man again. I changed solicitors to see if a different one would take my concerns more seriously, but the new guy just says, I can't prove my son is in danger. the end.

Has anyone any advice? Also I have two summons out for me now because I am breaking the access agreement. I now have no solicitor and am in deep trouble. But I cannot let my son be around all that sexual stuff...sure it could be grooming right?

Anyone got any advice? Please?

January

See another solicitor, we cannot give legal advice.