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

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

Court of Appeal to hear child safeguards legal challenge

Next week the Court of Appeal will hear Article 39’s appeal of a High Court ruling that the Education Secretary acted lawfully in failing to consult children and young people, the Children’s Commissioner for England and other children’s rights organisations before removing and diluting 65 safeguards for children in care. This radical deregulation was achieved … Read more

High Court agrees that lost safeguards are fundamental to children’s protection, but finds that the Department for Education acted lawfully due to the pandemic

In a judgment handed down today (7 August), the High Court finds that Article 39 was correct to warn that vital safeguards for children in care were removed or diluted overnight in April. However, the Department for Education was not found to have acted unlawfully. Article 39 is now seeking an urgent appeal of the … Read more

Give children in care their rights back, urges Article 39

Article 39 children’s rights charity will ask the High Court to reinstate legal protections for children in care when its case is heard on 27 and 28 July. Article 39’s request for the final hearing to be expedited was successful, recognising the vulnerability of children in care and the scale of the changes forced through overnight. Without any … Read more