Former Children’s Minister, Vicky Ford, is due to give evidence this afternoon (13 October) at the UK Covid-19 Inquiry.
Responsible for children’s social care during her time as Children’s Minister (February 2020 to September 2021), Vicky Ford is expected to be questioned about government policies and decision-making affecting children entering care and in care, care leavers, and other highly vulnerable children including those being supported at home while the subject of child protection plans.
Article 39 successfully legally challenged the government’s failure to consult the Children’s Commissioner for England or any other children’s rights bodies before making radical changes to secondary legislation a month into the first national lockdown.
The legal safeguards amended by government without the usual 21-day parliamentary scrutiny, included rules for local authorities visiting children in care, reviewing their welfare and producing plans for their care and treatment within foster and residential homes. The approval process for foster carers, and for children in care being sent out of their local area, or being placed into families where they may, in the future, be adopted, were also changed. In all, Article 39 calculated 65 children’s safeguards were deleted or diluted by changes introduced overnight in April 2020.
In November 2020, the Court of Appeal found that the then Secretary of State for Education, Sir Gavin Williamson, had acted unlawfully in failing to consult children’s rights bodies before making these changes to children’s legal protections (judgment here).
The former Education Secretary is due to be questioned by the Inquiry on Tuesday 14 October, then Article 39’s former Director, Carolyne Willow, will give evidence on Thursday 16 October ahead of Lucy Frazer KC, who was the minister in charge of child prisons during the pandemic. Alongside many others, including the prisons inspectorate, Article 39 was deeply critical of the conditions in child prisons during the pandemic, with many children kept in their cells for 22-23½ hours a day, having extremely limited contact with their families and losing what little education they had hitherto been provided. Giving evidence in the first week of hearings focused on children and young people, on 30 September, the Chief Inspector of Prisons, Charlie Taylor, told the Inquiry:
“Look, these are kids who haven’t been in school much, you know, they’re not massively motivated by the idea of someone shoving a folder under their [cell] door with some learning in that they might get marked a day or two later. So, I think, the effect of those education packs – I mean some of them contain things like word searches which help to pass the time – but in terms of actual learning, in terms of any meaningful progress with children’s learning, I think it was pretty negligible”.
Article 39 is a core participant in this module, which means we are able to review all evidence obtained by the Inquiry, including communications within government during the pandemic; make written and oral submissions; and seek to ask questions of key witnesses.
Notes
- Article 39 is represented by Oliver Studdert and Katie Wilkins from Irwin Mitchell, Mark Twomey KC from Coram Chambers, and Mary-Rachel McCabe from Doughty Street Chambers.
- The timetable and list of witnesses for this week’s hearings can be found here.
- The hearings will be live streamed by the Inquiry, see here.
- The Inquiry commissioned research into the views and experiences of 600 children and young people during the pandemic, including those who lived in children’s homes, mental health inpatient units and prisons. The report from this research, published 25 September 2025, can be found here.


