Children’s rights legal digest – March 2022

In this issue, we focus on a decision of the Upper Tribunal (August 2021) – responsible for dealing with appeals against decisions made by the First-tier Tribunal (Special Educational Needs and Disability) – which concerned local authorities’ power to maintain an Education Health and Care (EHC) plan after a young person’s 25th birthday. We take … Read more

High Court rules there was no discrimination in age-based legal protection for children in care 

The High Court has this afternoon (16 March 2022) handed down its judgment on controversial secondary legislation which protects children in care aged 15 and under but not those aged 16 and 17. It has rejected all three grounds of Article 39’s claim: that the Education Secretary irrationally discriminated against 16 and 17 year-olds; that … Read more

FOI success for Article 39 – social care market study

On 10 February 2022, the Competition and Markets Authority finally released correspondence to Article 39, which we requested on 26 February 2021 using the Freedom of Information Act 2000. The Competition and Markets Authority had refused to release the information, relying on the exemption in section 31(1)(g) of the Freedom of Information Act 2000. Article … Read more

Government deletes Bill clause which allowed councils to run new secure children’s homes

On Monday night (28 February), the government refused to accept a Lords’ amendment to the Police, Crime, Sentencing and Courts Bill which would have allowed local authorities to run a new type of secure children’s home. Labour pushed the matter to a vote at around 10pm; the government succeeded 314 to 190 votes. Secure 16 … Read more