The Department for Education has withdrawn a controversial document about council duties to vulnerable children and young people, after Article 39 launched an application for judicial review.
The so-called ‘myth busting’ guide advised local authorities that they are legally permitted to reduce and remove support from children in long-term foster care, children who run away or go missing from home or care, children who are remanded to custody and young people who have left care and are still living with their former foster carers.
Children’s Minister Nadhim Zahawi claimed the document simply clarified council duties, but Article 39 and 49 other charities and social work experts warned last September it contained numerous inaccuracies and risked vulnerable children and care leavers losing vital support.
After correspondence with the Minister failed to elicit any agreement to correct the errors, or even a meeting to discuss our collective concerns, Article 39 instructed lawyers to begin legal proceedings.
Carolyne Willow, Article 39’s Director, said:
“It’s deeply disappointing that the Children’s Minister didn’t respond to our serious concerns months ago but what matters is that the document has now been withdrawn and the risks to children and young people minimised. We are relieved and delighted that children’s rights have prevailed.
“There is of course the possibility that social workers and local authority managers have already used the guide and we hope that councils will quickly review and rectify any removal or reduction of support.”
As well as deleting it from the children’s social care innovation programme’s website, the Department for Education has committed to notify local authorities and others that the document has been withdrawn. It has also confirmed that any plans to issue a similar document in the future will follow a consultation process that includes Article 39, relevant organisations and children and young people who may be directly affected.
Oliver Studdert, solicitor at Simpson Millar, representing Article 39, said:
“It is absolutely right that this guide has been withdrawn. It is unfortunate that it has taken the issuing of court proceedings to achieve this, but it is reassuring that the Secretary of State has now acknowledged the concerns of Article 39 and other charities and experts concerning the removal of vital statutory safeguards for vulnerable children and care leavers.”
1. As a very small charity, Article 39 was only able to take legal action to protect the rights of vulnerable children through pledges of financial support from organisations and individuals, including the British Association of Social Workers, The Centre for Outcomes of Care, Cherry Cottage Ltd, MAC-UK, Napo (Family Court Section), National Association for Youth Justice, National Association of Independent Reviewing Officers, NSPCC and the Social Workers Union.
2. The 50 organisations and social work experts who wrote to the Children’s Minister last September, urging him to withdraw the inaccurate parts of the document, were: The Aire Centre; Article 39; Association of Independent Visitors and Consultants to Child Care Services; Association of Lawyers for Children; Association of Professors of Social Work; Association of Youth Offending Team Managers; Become; British Association of Social Workers England; The Care Leavers’ Association; Children England; Child Rights International Network; Coram Children’s Legal Centre; Coram Voice; ECPAT UK; Family Action; The Fostering Network; Howard League for Penal Reform; Independent Children’s Homes Association; Just for Kids Law; The MAC Project (Central England Law Centre and the Astraea Project); Nagalro, Professional Association of Children’s Guardians, Family Court Advisers and Independent Social Workers; National Association for People Abused in Childhood (NAPAC); National Association for Youth Justice; National Association of Independent Reviewing Officers; National IRO Managers Partnership; NYAS (National Youth Advocacy Service); Parents Of Traumatised Adopted Teens Organisation (The Potato Group); Refugee Council; Social Workers Union; Social Workers Without Borders; Southwark Law Centre; UNISON; Dr Maggie Atkinson, Children’s Commissioner for England 2010-2015; Sir Al Aynsley-Green, first Children’s Commissioner for England 2005-10; Wendy Bannerman, Director of Right Resolution CIC; Jay Barlow, Napo National Vice-Chair; Liz Davies Emeritus Professor of Social Work, London Metropolitan University; Anna Gupta, Professor of Social Work, Royal Holloway University of London; Pam Hibbert OBE; Ray Jones, Emeritus Professor of Social Work, Kingston University and St George’s, University of London; John Kemmis, former Chief Executive Voice, NAIRO Patron and Article 39 Expert Panel member; Dr Mark Kerr, Managing Partner, The Centre for Outcomes of Care; Jenny Molloy, Author, Adviser and Trainer; David Palmer, Lecturer in Criminal Justice Services, University of Northampton; Peter Saunders, Founder NAPAC; Mike Stein, Emeritus Professor, University of York; June Thoburn CBE, Emeritus Professor of Social Work, University of East Anglia; Dr Nigel Thomas, Professor Emeritus of Childhood and Youth, University of Central Lancashire; Judith Timms OBE, Founder and Trustee of the National Youth Advocacy Service (NYAS) and a Vice President of the Family Mediators Association; and Jane Tunstill, Emeritus Professor of Social Work, Royal Holloway, London University.
3. Article 39 is represented by Oliver Studdert, Partner in Public Law and Eleanor Gauld at Simpson Millar, and Steve Broach and Khatija Hafesji from Monckton Chambers.
4. Our application was made to the High Court on 18 February 2019.