In this issue, we focus on a recent High Court judgment relating to local authorities’ duties under Section 20 of the Children Act 1989 towards children and young people awaiting the outcome of an age assessment. The High Court found the local authority’s refusal to accommodate three putative children unlawful, dismissing the local authority’s claim … Read more
This year we are dedicating four issues of our children’s rights legal digest to landmark judgments that have strengthened the protection of children’s rights in England. This month we revisit a successful judicial review brought by the Howard League for Penal Reform which confirmed that children in custody are entitled to the protections guaranteed in … Read more
In this issue, we focus on a decision of the Local Government and Social Care Ombudsman (LGSCO) concerning multiple failings by a council in its care of a looked after child, called ‘D’ in this decision. Because of the failings, D lost a total of 17 months of suitable education, he lost the opportunity to … Read more
In late July, the Supreme Court ruled on the use of the inherent jurisdiction of the High Court in cases where a local authority seeks authorisation to deprive a child of their liberty in accommodation that has not been approved for this purpose. The case was brought by T, a young woman whose deprivation of … Read more
Article 39 children’s rights charity has today (29 April) formally written to the government threatening legal action to protect the rights of 16 and 17 year-old children in care. In February, the Department for Education announced the outcome of its consultation on the use of unregulated accommodation for children in care and care leavers. This … Read more