The future of care

The children’s social care review, whose final report and recommendations are due to be published shortly, has stated that “[t]he state is not the pushy parent children in care need”. I support this sentiment though if I was looking for a catch-all term I’d emphasise devotion and dedication instead, since too often it’s the lack … Read more

Children’s rights legal digest – May 2022

This month, we focus on a recent judgment which found a local authority had failed to meet its statutory duties under the Education Act 1996, the Children and Families Act 2014 and the Children Act 1989. After identifying “serious and substantial breaches of duties” that left a 15 year-old child with complex needs without suitable … Read more

Children’s rights legal digest – April 2022

This month, we examine the unsuccessful judicial review brought by Article 39 against the Secretary of State for Education which relates to the changes introduced by The Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021. The 2021 Regulations amended The Care Planning, Placement and Case Review (England) Regulations 2010, making it unlawful for … Read more

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