COURT OF APPEAL RULES EDUCATION SECRETARY ACTED UNLAWFULLY IN REMOVING SAFEGUARDS FOR CHILDREN IN CARE

In a judgment given today (24 November), the Court of Appeal has unanimously declared that the Secretary of State for Education, Gavin Williamson, acted unlawfully in failing to consult the Children’s Commissioner for England and other children’s rights organisations before making “substantial and wide-ranging” [79] changes to legal protections for England’s 78,000 children in care. Giving the leading judgment, Lord … Read more

New report calls for urgent action to protect children’s rights in mental health settings

The number of children with a significant mental health problem, such as depression, anxiety or an eating disorder, has increased dramatically over the past three years, and for many this has worsened as a result of the COVID-19 pandemic. Each year over 3,500 children go to hospital because they do not receive the care they … Read more

Judgment awaited on duty to consult

Article 39’s case against the Secretary of State for Education’s removal and dilution of 65 safeguards for children in care was heard in the Court of Appeal today. On 23 April 2020, The Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (known as Statutory Instrument 445) were published without any form of public consultation or time … Read more

The Adoption and Children (Coronavirus) (Amendment) Regulations 2020* – legal challenge update

*Known as Statutory Instrument 445 On 21 August, Article 39 was granted permission to take its legal challenge over Statutory Instrument 445 to the Court of Appeal. In granting permission, the Rt. Hon. Lady Justice Macur said our appeal “has a real prospect of success on the basis that the Children’s Commissioner, at least, was not … Read more