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

Minimising the use of restraint with disabled children

Article 39 has responded to the Department of Health and Department for Education’s consultation on ‘Reducing the need for restraint and restrictive intervention’ with children and young people with learning disabilities, autistic spectrum disorder and mental health difficulties. In October 2017, the UN Committee on the Rights of Persons with Disabilities urged the UK to: … Read more

Restraint related to disability must be eradicated, says UN body

The United Nations Committee on the Rights of Persons with Disabilities has issued its concluding observations following its first review of the UK. The 17-page report documents major breaches in the UK’s compliance with the UN Convention on the Rights of Persons with Disabilities, which we ratified in June 2009. The international treaty sets out … Read more

Supreme Court rules on benefits for disabled children in hospital

The Supreme Court has ruled that the human rights of three-year-old Cameron Mathieson were violated when the Department for Work and Pensions took away his disability living allowance (DLA) benefit after he had been in hospital for 84 days. Cameron had cystic fibrosis and Duchenne muscular dystrophy, among other medical conditions. In July 2010, aged … Read more