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

Children’s rights legal digest – February 2022

In this issue, we take a closer look at a November 2021 decision of the Local Government and Social Care Ombudsman which found a local authority had failed to accommodate a child under Section 20 of the Children Act 1989, breaching statutory guidance and its own local guidance for social workers. The Ombudsman accepted the … Read more

Children’s rights legal digest – January 2022

This month, we look at a recent (November 2021) High Court judgment which considered the scope of local authority powers in relation to arranging and consenting to COVID-19 and flu vaccinations for children in care whose parents oppose these vaccines. The judgment contains a useful analysis of Section 33 of the Children Act 1989 (effect … Read more

Children’s rights legal digest – December 2021

This year we have dedicated four issues of our children’s rights legal digest to landmark judgments that have strengthened the protection of children’s rights in England. This last one, the ‘Gillick judgment’ was a successful appeal brought by the Department of Health and Social Security (as the Department of Health and Social Care was then … Read more